; 



CONSTITUTION 



AND 



ORGANIC ACT 



OF THE 



STATE OF MINNESOTA 



COMPILED BY 

JULIUS A. SCHMAHL 

Secretary of State 

1915 



CONSTITUTION 



AND 



ORGANIC ACT 



OF THE 



STATE OF MINNESOTA 



COMPILED BY 

JULIUS A. SCHMAHL 

Secretary of State 

1915 






D. of D. 
JUL 27 1916 



ORGANIC ACT OF MINNESOTA. 



An act to establish the Territorial Government of Minnesota. 
[Passed March 3, 1849.] 



Section 1. Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That from and after 
the passage of this act, all that part of the territory of the United States 
which lies within the following limits, to-wit: Beginning in the Mississippi 
river at the point where the line of forty-three degrees and thirty minutes 
of north latitude crosses the same; thence running due west on said line, 
which is the northern boundary of the state of Iowa, to the northwest corner 
of the said state of Iowa; thence southerly along the western boundary of 
said state to the point where said boundary . strikes the Missouri river; 
thence up the middle of the main channel of the Missouri river to the mouth 
of White Earth river; thence up the middle of the main channel of the 
White Earth river to the boundary line between the possessions of the 
United States and Great Britain, thence east and south of east along the 
boundary line between the possessions of the United States and Great Britain 
to Lake Superior; thence in a straight line to the northernmost point of the 
state of Wisconsin in Lake Superior ; thence along the western boundary line 
of said state of Wisconsin to the Mississippi river; thence down the main 
channel of said river to the place of beginning, be and the same is hereby 
erected into a temporary government by the name of the Territory of Min- 
nesota; provided, that nothing in this act contained shall be construed to 
inhibit the government of the United States from dividing said Territory 
into two or more territories, in such manner and at such times as congress 
shall deem convenient and proper, or from attaching any portion of said 
Territory to any other state or territory of the United States. 

Sec. 2. And be it further enacted, That the executive power and author- 
ity in and over said Territory of Minnesota shall be vested in a governor, 
who shall hold his office for four years, and until his successor shall be 
appointed and qualified, unless sooner removed by the president of the 
United States. The governor shall reside within said Territory; shall be 
commander-in-chief of the militia thereof; shall perform the duties and 
receive the emoluments of superintendent of Indian affairs. He may grant 
pardons for offenses against the law of said Territory, and reprieves for 
offenses against the laws of the United States until the decision of the 
president can be made known thereon; he shall commission all officers who 
shall be appointed to office under the laws of the said Territory, and shall 
take care that the laws be faithfully executed. 

(7) 



g ORGANIC ACT OF MINNESOTA. 

Sec. 3. And be it further enacted, That there shall be a secretary of said 
Territory, who shall reside therein, and hold his office for four years, unless 
sooner removed by the president of the United States; he shall record and 
preserve all the laws and proceedings of the legislative assembly hereinafter 
constituted, and all the acts and proceedings of the governor in his executive 
department; he shall transmit one copy of the laws and one copy of the 
executive proceedings, on or before the first day of December in each year, 
to the president of the United States, and at the same time two copies of 
the laws to the speaker of the house of representatives, and the president of 
the senate for the use of Congress. And in case of the death, removal, 
resignation, or necessary absence of the governor from the Territory, the 
secretary shall be and he is hereby authorized and required to execute and 
perform all the powers and the duties of the governor during such vacancy 
or necessary absence, or until another governor shall be duly appointed to 
.fill such vacancy. 

Sec. 4. And be it further enacted, That the legislative power and 
authority of said Territory shall be vested in the governor and a legislative 
assembly. The legislative assembly shall consist of a council and house of 
representatives. The council shall consist of nine members having the quali- 
fications of voters, as hereinafter prescribed, whose term of service shall 
continue two years. The house of representatives shall, at its first session, 
consist of eighteen members, possessing the same qualifications as prescribed 
for members of the council, and whose term of service shall continue one 
year. The number of councilors and representatives may be increased by 
the legislative assembly, from time to time, in proportion to the increase 
of population; provided, that the whole number shall never exceed fifteen 
councilors and thirty-nine representatives. An apportionment shall be made, 
as nearly equal as practicable, among the several counties or districts 
for the election of the council and representatives, giving to each section of 
the Territory representation in the ratio of its population, Indians excepted, 
as nearly as may be. And the members of the council and of the house of 
representatives shall reside in and be inhabitants of the districts for which 
they may be elected, respectively. Previous to the first election, the gov- 
ernor shall cause a census or enumeration of the inhabitants of the several 
counties and districts of the Territory to be taken, and the first election 
shall be held at such time and places and be conducted in such manner as 
the governor shall appoint and direct; and he shall, at the same time, 
declare the number of members of the council and house of representatives 
to which each of the counties and districts shall be entitled under this act. 

The number of persons authorized to be elected having the highest 
number of votes, in each of said council districts for members of the coun- 
cil, shall be declared by the governor to be duly elected to the council, 
and the person or persons authorized to be elected, having the greatest 
number of votes for the house of representatives, equal to the number to 
which each county or district shall be entitled, shall also be declared by 
the governor to be duly elected members of the house of representatives; 
provided, that in case of a tie between two or more persons voted for, the 



ORGANIC ACT OF MINNESOTA 9 

governor shall order a new election to supply the vacancy made by such tie. 
And the persons thus elected to the legislative assembly shall meet at such 
place on such day as the governor shall appoint, but thereafter the time, 
place and manner of holding and conducting all elections by the people, 
and the apportioning of the representation in the several counties or dis- 
tricts to the council and house of representatives, according to the popula- 
tion, shall be prescribed by law, as well as the day of the commencement of 
the regular session of the legislative assembly; provided, that no one session 
shall exceed the term of sixty days. 

Sec. 5. And be it further enacted, That every free white male inhabi- 
tant above the age of twenty-one years, who shall have been a resident of 
said Territory at the time of the passage of this act, shall be entitled to vote 
at the first election, and shall be eligible to any office within the said Terri- 
tory; but the qualifications of voters and of holding office at all subsequent 
elections shall be such as shall be prescribed by the legislative assembly; 
provided, that the right of suffrage and of holding office shall be exercised 
only by citizens of the United States and those who shall have declared on 
oath their intention to become such, and shall have taken an oath to sup- 
port the constitution of the United States and the provisions of this act. 

Sec. 6. And be it further enacted, That the legislative power of the 
Territory shall extend to all rightful subjects of legislation, consistent with 
the Constitution of the United States and the provisions of this act; but no 
law shall be passed interfering with the primary disposal of the soil ; no tax 
shall be imposed upon the property of the United States; nor shall the 
lands or other property of non-residents be taxed higher than the lands or 
other property of residents. All the laws passed by the legislative assembly 
and governor shall be submitted to the Congress of the United States, and 
if disapproved shall be null and of no effect. 

Sec. 7. And be it further enacted, That all township, district and 
county officers, not herein otherwise provided for, shall be appointed or 
elected, as the case may be, in such manner as shall he provided by the 
governor and legislative assembly of the Territory of Minnesota. The gov- 
ernor shall nominate and, by and with the advice and consent of the legis- 
lative council, appoint all officers not herein otherwise provided for, and, in 
the first instance, the governor alone may appoint all said officers, who 
shall hold their offices until the end of the next session of the legislative 
assembly. 

Sec. 8. And be it further enacted, That no member of the legislative 
assembly shall hold or be appointed to any office which shall have been 
created, or the salary or emoluments of which shall have been increased, 
while he was a member, during the term for which he was elected, and for 
one year after the expiration of such term; and no person holding a com- 
mission or appointment under the United States, except postmasters, shall 
be a member of the legislative assembly, or shall hold any office under the 
government of said Territory. 

Sec. 9. And be it further enacted, That the judicial power of said Ter- 
ritory shall be vested in a supreme court, district courts, probate courts, 



10 ORGANIC ACT OF MINNESOTA. 

and in justices of the peace. The supreme court shall consist of a ihief 
justice and two associate justices, any two of whom shall constitute a quo- 
rum, and who shall hold a term at the seat of government of said Territory 
annually; and they shall hold their offices during the period of four years. 
The said Territory shall be divided into three judicial districts, and a dis- 
trict court shall be held in each of said districts by one of the justices of the 
supreme court, at such time and places as may be prescribed by law; and 
the said judges shall, after their appointment, respectively, reside in the 
districts which shall be assigned them. The jurisdiction of the several courts 
herein provided for, both appellate and original, and that of probate courts 
and justices of the peace, shall be as limited by law; provided, that the 
justices of the peace shall not have jurisdiction of any matter in controversy 
when the title or boundaries of land may be in dispute, or where the debt or 
sum claimed shall exceed one hundred dollars; and the said supreme and 
district courts, respectively, shall possess chancery as well as common law 
jurisdiction. Each district court, or the judges thereof, shall appoint its 
clerk, who shall also be the register in chancery, and shall keep his office at 
the place where the court may be held. Writs of error, bills of exception and 
appeals shall be allowed in all cases from the final decisions of said district 
courts to the supreme court, under such regulations as may be prescribed by 
law, but in no case removed to the supreme court shall trial by jury be 
allowed in said court. The supreme court, or the justices thereof, shall 
appoint its own clerk, and every clerk shall hold his office at the pleasure of 
the court for which he shall have been appointed. Writs of error and 
appeals from the final decisions of said supreme court shall be allowed, and 
may be taken to the supreme court of the United States, in the same manner 
and under the same regulations as from the circuit courts of the United 
States, where the value of the property or the amount in controversy, to be 
ascertained by the oath or affirmation of either party, or other competent 
witness, shall exceed one thousand dollars; and each of the said district 
courts shall have and exercise the same jurisdiction, in all cases arising 
under the constitution and laws of the United States, as is vested in the cir- 
cuit and district courts of the United States; and the first six days of every 
term of said courts, or so much thereof as shall be necessary, shall be 
appropriated to the trial of causes arising under the said constitution and 
laws; and writs of error and appeal in all such cases shall be made to the 
supreme court of said Territory, the same as in other cases. The said clerk 
shall receive in all such cases the same fees which the clerks of the district 
courts of the late Wisconsin Territory received for similar services. 

Sec. 10. And be it further enacted, That there shall be appointed an 
attorney for said Territory, who shall continue in office for four years, 
unless sooner removed by the president, and who shall receive the same fees 
and salary as the attorney of the United States for the late Territory of 
Wisconsin received. There shall also be a marshal for the Territory ap- 
pointed, who shall hold his office for four years, unless sooner removed by the 
president, and who shall execute all processes issuing from the said courts, 
when exercising their jurisdiction as circuit and district courts of the United 



ORGANIC ACT OF MINNESOTA. H 

States; he shall perform the duties, be subject to the same regulations and 
penalties, and be entitled to the same fees as the marshal of the district 
court of the United States for the late Territory of Wisconsin; and shall, in 
addition, be paid two hundred dollars annually as a compensation for extra 
services. 

Sec. 11. And be it further enacted, That the governor, secretary, chief 
.justice and associate justices, attorney and marshal, shall be nominated and 
by and with the advice and consent of the senate, appointed by the president 
of the United States. The governor and secretary to be appointed as afore- 
said shall, before they act as such, respectively, take an oath or affirmation, 
before the district judge, or some justice of the peace in the limits of said 
Territory, duly authorized to administer oaths and affirmations by the laws 
now in force therein, or before the chief justice, or some associate justice of 
the supreme court of the United States, to support the constitution of the 
United States, and faithfully to discharge the duties of their respective 
offices, which said oaths, when so taken, shall be certified by the person by 
whom the same shall have been taken, and such certificates shall be received 
and recorded by the said secretary among the executive proceedings; and 
the chief justice and associate justices, and all other civil officers in said 
Territory, before they act as such, shall take a like oath or affirmation, 
before the said governor or secretary, or some judge or justice of the peace 
of the Territory, who may be duly commissioned and qualified; which said 
oath or affirmation shall be certified and transmitted, by the person taking 
the same, to the secretary, to be by him recorded as aforesaid; and after- 
wards, the like oath or affirmation shall be taken, certified and recorded in 
such manner and form as may be prescribed by law. The governor shall 
receive an annual salary of $1,500 as governor, and $1,000 as superintendent 
of Indian affairs. The chief justice and associate justice shall each receive 
an annual salary of $1,800. The secretary shall receive an annual salary of 
$1,800. The said salaries shall be paid quarter-yearly, at the treasury of the 
United States. The members of the legislative assembly shall be" entitled 
to receive three dollars each per day during their attendance at the session 
thereof, and three dollars each for every twenty miles traveled in going to 
and returning from the said sessions, estimated according to the nearest 
usually traveled route. There shall be appropriated, annually, the sum of 
$1,000, to be expended by the governor to defray the contingent expenses of 
the Territory; and there shall also be appropriated, annually, a sufficient 
sum to be expended by the secretary of the Territory, and upon an estimate 
to be made by the secretary of the treasury of the United States, to defray 
the expenses of the legislative assembly, the printing of the laws, and other 
incidental expenses, and the secretary of the Territory shall annually 
account to the secretary of the treasury of the United States for the manner 
in which the aforesaid sum shall have been expended. 

Sec. 12. And be it further enacted, That the inhabitants of the said 
Territory shall be entitled to all the rights, privileges and immunities here- 
tofore granted and secured to the Territory of Wisconsin and to its in- 
habitants; and the laws in force in the Territory of Wisconsin at the date 



12 ORGANIC ACT OF MINNESOTA. 

of the admission of the State of Wisconsin shall continue to be valid and 
operative therein, so far as the same be not incompatible with the provisions 
of this act, subject, nevertheless, to be altered, modified or repealed by the 
governor and legislative assembly of the said Territory of Minnesota; and 
the laws of the United States are hereby extended over and declared to be in 
force in said Territory, so far as the same, or any provision thereof, may 
be applicable. 

Sec. 13. And be it further enacted, That the legislative assembly of the 
Territory of Minnesota shall hold its first session in St. Paul; and at said 
first session the governor and legislative assembly shall locate and establish 
a temporary seat of government for said Territory, at such place as they 
may deem eligible; and shall at such time as they shall see proper prescribe 
by law the manner of locating the permanent seat of government of said 
Territory by a vote of the people. And the sum of twenty thousand dollars, 
out of any money in the treasury not otherwise appropriated, is hereby 
appropriated and granted to said Territory of Minnesota, to be applied by 
the governor and legislative assembly to the erection of suitable public 
buildings at the seat of government. 

Sec. 14. And be it further enacted, That a delegate of the house of 
representatives of the United States, to serve for the term of two years, may 
be elected by the voters qualified to elect members of the legislative assembly, 
who shall be entitled to the same rights and privileges as are exercised and 
enjoyed by the delegates from the several other territories of the United 
States to the said house of representatives. The first election shall be held 
at such times and places and be conducted in such manner as the governor 
shall appoint and direct; and at all subsequent elections the times, places 
and manner of holding the elections shall be prescribed by law. The person 
having the greatest number of votes shall be declared by the governor to be 
duly elected, and a certificate thereof shall be given accordingly. 

Sec. 15. And be it further enacted, That all suits, process and proceed- 
ings, civil and criminal, at law or in chancery, and all indictments and in- 
formations, which shall be pending and undetermined in the courts of the 
Territory of Wisconsin, within the limits of said Territory of Minnesota, 
when this act shall take effect, shall be transferred to be heard, tried, prose- 
cuted and determined in the district courts hereby established, which may 
include the counties or districts where any such proceedings may be pend- 
ing. All bonds, recognizances, and obligations of every kind whatsoever, 
valid under the existing laws, within the limits of said Territory, shall be 
valid under this act; and all crimes and misdemeanors against the laws, in 
force within said limits, may be prosecuted, tried, and punished in the 
courts established by this act; and all penalties, forfeitures, actions and 
causes of action may be recovered under this act the same as they would 
have been under the laws in force within the limits composing said Terri- 
tory at the time this act shall go into operation. 

Sec. 16. And be it further enacted, That all justices of the peace, con- 
stables, sheriffs, and all other judicial and ministerial officers, who shall be 
in office within the limits of said Territory when this act shall take effect, 



ORGANIC ACT OF MINNESOTA. \% 

shall be and they are hereby authorized and required to continue to exercise 
and perform the duties of their respective offices as officers of the Territory 
of Minnesota, temporarily, and until they or others shall be duly appointed 
and qualified to fill their places, in the manner herein directed, or until their 
Offices shall be abolished. 

Sec. 17. And be it further enacted, That the sum of $5,000 be and the 
same is hereby appropriated out of any moneys in the treasury not other- 
wise appropriated, to be expended by and under the direction of the said 
governor of the Territory of Minnesota, in the purchase of a library, to be 
kept at the seat of government for the use of the governor, legislative as- 
sembly, judges of the supreme court, secretary, marshal, and attorneys of 
said Territory, and such other persons and under such regulations as shall 
be prescribed by law. 

Sec. 18. And be it further enacted, That when the lands in said Terri- 
tory shall be surveyed under the direction of the government of the United 
States, preparatory to bringing the same into market, sections numbered 
sixteen and thirty-six in each township in said Territory shall be and the 
same are hereby reserved for the purpose of being applied to schools in 
said Territory, and in the state and territories hereafter to be erected out 
of the same. 

Sec. 19. And be it further enacted, That temporarily, and until other- 
wise provided by law, the governor of said Territory may define the judicial 
districts of said Territory, and assign the judges who may be appointed for 
said Territory to the several districts, and also appoint the times and places 
for holding courts in the several counties or subdivisions in each of said 
judicial districts, by proclamation to be issued by him; but the legislative 
assembly, at their first or any subsequent session, may organize, alter or 
modify such judicial districts, and assign the judges, and alter the times and 
places of holding the courts, as to them shall seem proper and convenient. 

Sec. 20. And be it further enacted, That every bill which shall or may 
pass the council and house of representatives, shall, before it becomes a 
law, be presented to the governor of the Territory; if he approve, he shall 
sign it; but if not he shall return it, with his objections, to the house in 
which it originated; which shall cause the objections to be entered at large 
upon their journal, and proceed to reconsider it. If, after such reconsidera- 
tion, two-thirds of that house shall agree to pass the bill, it shall be sent, to- 
gether with the objections, to the other house, by which it shall also be 
reconsidered, and if approved by two-thirds of that house it shall become a 
law; but in all such cases the votes of both houses shall be determined by 
yeas and nays, and the names of the persons voting for or against the bill 
shall be entered on the journal of each house, respectively. If any bill shall 
not be returned by the governor within three days (Sundays excepted) after 
it shall have been presented to him, the same shall be a law in like manner 
as if he had signed it, unless the legislative assembly, by adjournment, pre- 
vent it, in which case it shall not become a law. 



ACT 

AUTHORIZING A STATE GOVERNMENT 



[Passed Feb. 26, 1857.] 



Section 1. Be it enacted by the Senate and House of Representatives of 
the United States of America, in Congress assembled, That the inhabitants 
of that portion of the Territory of Minnesota which is embraced within the 
following limits, to-wit: Beginning at the point in the center of the main 
channel of the Red River of the North, where the boundary line between the 
United States and the British Possessions crosses the same; thence up the 
main channel of said river to that of the Bois de Sioux river; thence up the 
main channel of said river to Lake Traverse; thence up the center of said 
lake to the southern extremity thereof; thence in a direct line to the head 
of Big Stone lake; thence through its center to its outlet; thence by a due 
south line to the north line of the State of Iowa; thence along the northern 
boundary of said state to the main channel of the Mississippi river; thence 
up the main channel of said river, and following the boundary line of the 
State of Wisconsin, until the same intersects with the St. Louis river; thence 
down the said river to and through Lake Superior, on the boundary line of 
Wisconsin and Michigan, until it intersects the dividing line between the 
United States and the British Possessions; thence up Pigeon river and fol- 
lowing said dividing line to the place of beginning, be and they hereby are 
authorized to form for themselves a constitution and state government by 
the name of the State of Minnesota, and to come into the Union on an equal 
footing with the original states, according to the Federal Constitution. 

Sec. 2. And be it further enacted, That the State of Minnesota shall 
have concurrent jurisdiction on the Mississippi and all other rivers and 
waters bordering on the said State of Minnesota, so far as the same shall 
form a common boundary to said state and any state or states now or here- 
after to be formed or bounded by the same ; and said river or waters leading 
into the same shall be common highways, and forever free, as well to the 
inhabitants of said state as to all other citizens of the United States, without 
any tax, duty, impost, or toll therefor. 

Sec. 3. And be it further enacted, That on the first Monday in June 
next, the legal voters in each representative district then existing within the 
limits of the proposed state, are hereby authorized to elect two delegates for 

(16) 



ACT AUTHORIZING A STATE GOVERNMENT. yj 

each representative to which said district shall be entitled according to the 
apportionment for representatives to the territorial legislature; which elec- 
tion for delegates shall be held and conducted, and the returns made, in all 
respects in conformity with the laws of said Territory regulating the elec- 
tion of representatives, and the delegates so elected shall assemble at the 
capitol of said Territory on the second Monday in July next, and first deter- 
mine by a vote whether it is the wish of the people of the proposed State to 
be admitted into the Union at that time; and if so, shall proceed to form a 
constitution, and take all necessary steps for the establishment of a state 
government, in conformity with the Federal Constitution, subject to the ap- 
proval and ratification of the people of the proposed State. 

Sec. 4. And be it further enacted, That in the event said convention 
shall decide in favor of the immediate admission of the proposed State into 
the Union, it shall be the duty of the United States marshal for said Terri- 
tory to proceed to take a census or enumeration of the inhabitants within 
the limits of the proposed State, under such rules and regulations as shall be 
prescribed by the secretary of the interior, with the view of ascertaining the 
number of representatives to which said State may be entitled in the Con- 
gress of the United States. And said State shall be entitled to one repre- 
sentative, and such additional representatives as the population of the State 
shall, according to the census, show it would be entitled to according to the 
present ratio of representation. 

Sec. 5. And be it further enacted, That the following propositions be 
and the same are hereby offered to the said convention of the people of Min- 
nesota for their free acceptance or rejection, which, if accepted by the con- 
vention, shall be obligatory on the United States, and upon the said State 
of Minnesota, to-wit: 

First — That sections numbered sixteen and thirty-six in every township 
of public lands in said State, and where either of said sections, or any part 
thereof, has been sold or otherwise been disposed of, other lands, equivalent 
thereto, and as contiguous as may be, shall be granted to said State for the 
use of schools. 

Second — That seventy-two sections of land shall be set apart and re- 
served for the use and support of a state university, to be selected by the 
governor of said State, subject to the approval of the commissioner at the 
general land office, and to be appropriated and applied in such manner as 
the legislature of said State may prescribe; for the purpose aforesaid, but 
for no other purpose. 

Third — Ten entire sections of land to be selected by the governor of 
said State, in legal subdivisions, shall be granted to said State for the pur- 
pose of completing the public buildings, or for the erection of others at the 
seat of government, under the direction of the legislature thereof. 

Fourth — That all salt springs within said State, not exceeding twelve in 
number, with six sections of land adjoining or as contiguous as may be to 
each, shall be granted to said State for its use; and the same to be selected 
by the governor thereof within one year after the admission of said State, 
and, when so selected, to be used or disposed of on such terms, conditions 



Xg ACT AUTHORIZING A STATE GOVERNMENT. 

and regulations as the legislature shall direct; provided, that no salt spring 
or land the right whereof is now vested in any individual or in individuals, 
or which may be hereafter confirmed or adjudged to any individual or indi- 
viduals, shall by this article be granted to said State. 

Fifth — That five per centum of the net proceeds of sales of all public 
lands lying within said State, which shall be sold by Congress after the 
admission of said State into the Union, after deducting all the expenses inci- 
dent to the same, shall be paid to said State for the purpose of making pub- 
lic roads and internal improvements as the legislature shall direct; provided, 
the foregoing propositions herein offered are on the condition that the said 
convention which shall form the constitution of said State shall provide, by 
a clause in said constitution, or an ordinance, irrevocable without the con- 
sent of the United States, that said State shall never interfere with the pri- 
mary disposal of the soil within the same by the United States, or with any 
regulations Congress may find necessary for securing the title in said soil to 
bona fide purchasers thereof; and that no tax shall be imposed on lands 
belonging to the United States, and that in no case shall non-resident pro- 
prietors be taxed higher than residents. 



CONSTITUTION 

OF THE 

STATE OF MINNESOTA. 



Adopted October 13, 1837. Ayes, 30,055 ; Noes, 571. 



Article — Article — 

1. Bill of rights. 9. Finances of the state and banks and 

2. Name and boundaries. banking. 

3. Distribution of the powers of govern- 10. Corporations having no banking priv- 

ment. ileges. 

4. Legislative department. 11. Counties and townships. 

5. Executive department. 12. Of the militia. 

6. Judiciary. 13. Impeachment and removal from office. 

7. Elective Franchise. 14. Amendments to the constitution. 

8. School funds, education and science. 15. Miscellaneous subjects schedule. 

Preamble. We, the people of the State of Minnesota, grateful to God for 
our civil and religious liberty, and desiring to perpetuate its blessings 
and secure the same to ourselves and our posterity, do ordain and 
establish this constitution: 

ARTICLE I. 

BILL OF RIGHTS. 

Object of government. Section 1. Government is instituted for the 
security, benefit and protection of the people, in whom all political power is 
inherent, together with the right to alter, modify or reform such govern- 
ment, whenever the public good may require it. 

Rights and privileges. Sec. 2. No member of this State shall be dis- 
franchised, or deprived of any of the rights or privileges secured to any citi- 
zen thereof, unless by the law of the land, or the judgment of his peers. 
There shall be neither slavery nor involuntary servitude in the State other- 
wise than in the punishment of crime, whereof the party shall have been 
duly convicted. 

Liberty of the press. Sec. 3. The liberty of the press shall forever re- 
main inviolate, and all persons may freely speak, write and publish their 
sentiments on all subjects, being responsible for the abuse of such right. 

Right of trial by jury. Sec. 4. The right of trial by jury shall remain 
inviolate, and shall extend to all cases at law without regard to the amount 
in controversy, but a jury trial may be waived by the parties in all cases 

(21) 



22 CONSTITUTION OF THE STATE OF MINNESOTA. 

in the manner prescribed by law; [and the legislature may provide that 
the agreement of five-sixths of any jury in any civil action or proceeding, 
after not less than six (6) hours' deliberation, shall be a sufficient verdict 
therein.]* 

No excessive bail or unusual punishments. Sec. 5. Excessive bail shall 
not be required, nor shall excessive fines be imposed; nor shall cruel or 
unusual punishments be inflicted. 

Rights of accused in criminal prosecutions. Sec. 6. In all criminal 
prosecutions the accused shall enjoy the right to a speedy and public trial, 
by an impartial jury of the county or district wherein the crime shall have 
been committed, which county or district shall have been previously ascer- 
tained by law, and to be informed of the nature and cause of the accusa- 
tion, to be confronted with the witnesses against him, to have compulsory 
process for obtaining witnesses in his favor, and to have the assistance of 
counsel in his defense, (a) . 

Further rights of accused — when bailable. Sec. 7. No person shall be 
held to answer for a criminal offense without due process of law, and no 
person for the same offense shall be put twice in jeopardy of punishment, 
nor shall be compelled in any criminal case to be a witness against himself, 
nor be deprived of life, liberty or property without due process of law. All 
persons shall before conviction be bailable by sufficient sureties, except for 
capital offenses when the proof is evident or the presumption great; and 
the privilege of the writ of habeas corpus shall not be suspended unless 
when in case of rebellion or invasion the public safety may require. 

Redress of injuries or wrongs. Sec. 8. Every person is entitled to a 
certain remedy in the laws for all injuries or wrongs which he may receive 
in his person, property or character; he ought to obtain justice freely and 
without purchase; completely and without denial; promptly and without 
delay, conformable to the laws. 

Treason defined. Sec. 9. Treason against the State shall consist only 
in levying war against the same, or in adhering to its enemies, giving them 
aid and comfort. No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or on confession in open 
court. 

Right against unreasonable searches. Sec. 10. The right of the people 
to be secure in their persons, houses, papers, and effects, against unreason- 
able searches and seizures, shall not be violated; and no warrant shall 
issue but upon probable cause, supported by oath or affirmation, and par- 
ticularly describing the place to be searched and the person or things to 
be seized. 



*The clause in brackets was adopted Nov. 4, 1890. 

(a) The jury contemplated by article 1, section 6, securing the right to jury trial in 
criminal cases, is a body of twelve men, and it is error to try a party charged with crime 
in a justice court, against his objection, with a jury of six. The fact that he may appeal 
to the district court, on entering into recognisance with sureties, does not change the rule. 
14 Minn. 330. 



CONSTITUTION OF THE STATE OF MINNESOTA. 23 

Prohibits ex post facto laws, or laws impairing contracts. Sec. 11. No 
bill of attainder, ex post facto law, nor any law impairing the obligation of 
contracts shall ever be passed, and no conviction shall work corruption of 
blood or forfeiture of estate. 

Imprisonment for debt — property exemption. Sec. 12. No person shall 
be imprisoned for debt in this State, (a) but this shall not prevent the legis- 
lature from providing for imprisonment, or holding to bail, persons charged 
with fraud in contracting said debt. A reasonable amount of property shall 
be exempt from seizure or sale for the payment of any debt or liability. The 
amount of such exemption shall be determined by law. {Provided, how^ 
ever, that all property so exempted shall be liable to seizure and sale for 
any debts incurred to any person for work done or materials furnished in 
the construction, repair or improvement of the same, and provided further, 
that such liability to seizure and sale shall also extend to all real property 
for any debt incurred to any laborer or servant for labor or service per- 
formed.]* 

Private property for public use. Sec. 13. Private property shall not 
be taken, destroyed or damaged for public use without just compensation 
therefor, first paid or secured, f 

Military power subordinate. Sec. 14. The military shall be subordi- 
nate to the civil power, and no standing army shall be kept up in this State 
in time of peace. 

Lands declared allodial — leases, when void. Sec. 15. All lands within 
the State are declared to be allodial, and feudal tenures of every description, 
with all their incidents, are prohibited. Leases and grants of agricultural 
lands for a longer period than twenty-one years hereafter made, in which 
shall be reserved any rent or service of any kind, shall be void. 

Freedom of conscience — no preference to be given to any religious 
establishment or mode of worship. Sec. 16. The enumeration of rights in 
this constitution shall not be construed to deny or impair others retained by 
and inherent in the people. The right of every man to worship God accord- 
ing to the dictates of his own conscience shall never be infringed, nor shall 
any man be compelled to attend, erect or support any place of worship, or to 
maintain any religious or ecclesiastical ministry, against his consent; nor 
shall any control of or interference with the rights of conscience be per- 
mitted, or any preference to be given by law to any religious establishment 
or mode of worship ; but the liberty of conscience hereby secured shall not be 
so construed as to excuse acts of licentiousness, or justify practices incon- 
sistent with the peace or safety of the State, nor shall any money be drawn 
from the treasury for the benefit of any religious societies, or religious or 
theological seminaries. 



(a) 23 Minn. 1 ; 23 Minn. 411. 

*The clause in brackets was adopted Nov. 6, 1888. 

fThe words "destroyed or damaged" inserted by amendment adopted Nov. 3, 1896. 



24 CONSTITUTION OF THE STATE OF MINNESOTA. 

No religious test or property qualification to be required. Sec. 17. No 
religious test or amount of property shall ever be required as a qualifica- 
tion for any office of public trust under the State. No religious test or 
amount of property shall ever be required as a qualification of any voter at 
any election in this State; nor shall any person be rendered incompetent to 
give evidence in any court of law or equity in consequence of his opinion 
upon the subject of religion. 

No license to peddle. Sec. 18. Any person may sell or peddle the 
products of the farm or garden occupied and cultivated by him without 
obtaining a license therefor.* 



ARTICLE II. 

ON NAME AND BOUNDARIES. 

Name and boundaries. Section 1. This State shall be called and 
known by the name of the State of Minnesota, and shall consist of and 
have jurisdiction over the territory embraced in the following boundaries, 
to-wit: Beginning at the point in the center of the main channel of the 
Red River of the North, where the boundary line between the United States 
and British possessions crosses the same; thence up the main channel of 
said river to that of the Bois des Sioux river; thence up the main channel 
of said river to Lake Traverse; thence up the center of said lake to the 
southern extremity thereof; thence in a direct line to the head of Big- 
Stone lake; thence through its center to its outlet; thence by a due south 
line to the north line of the State of Iowa; thence east along the northern 
boundary of said State to the main channel of the Mississippi river; thence 
up the main channel of said river and following the boundary line of the 
State of Wisconsin until the same intersects the St. Louis river; thence 
down the said river to and through Lake Superior, on the boundary line of 
Wisconsin and Michigan, until it intersects the dividing line between the 
United States and British possessions; thence up Pigeon river and following 
said dividing line to the place of beginning.** 



*Adopted Nov. 6, 1906. 

**The northern boundary of the state at the Lake of the Woods is projected beyond the 
49th parallel a distance of about twenty miles, making a wedge-shaped jog through the 
lake until it strikes firm ground on the west bank of the lake ; thence in a due south line to 
the 49th parallel. The explanation of this jog is found in the subjoined paragraphs. In the 
seventh article of the treaty of Ghent, section 19 reads as follows : Sec. 19. Resolved that 
the following described (also represented on said map as before mentioned), is, in the 
opinion of the commissioners, so far as the same extends, the true boundary intended by the 
before mentioned treaties, namely: * * * thence through the middle of the waters of 
this bay to the northwest extremity of the same ; being the most northwestern point of the 
Lake of the Woods, and from a monument in this bay, on the nearest firm ground to the 
above northwest extremity of said bay, the courses and distances are as follows : 56° W. 
1,565V 2 feet; 2d, N. 6° W. 861% feet; 3d, N. 28° W. 615.4 feet; 4th, N. 27° 10' W. 495.4 feet; 
5th, N. 5° 10' E. l,322y 2 feet; 6th, N. 70° 45' W. 493 feet, the variation being 12° east. The 



CONSTITUTION OF THE STATE OF MINNESOTA. 25 

Jurisdiction on bordering rivers. Sec. 2. The State of Minnesota shall 
have concurrent jurisdiction on the Mississippi and on all other rivers and 
waters bordering on the said State of Minnesota, so far as the same shall 
form a common boundary to said State, and any other state or states now or 
hereafter to be formed by the same; and said rivers and waters, and 
navigable waters leading into the same, shall be common highways and for- 
ever free, as well to the inhabitants of said State as to other citizens of 
the United States, without any tax, duty, impost, or toll therefor. 

Acceptance of propositions in enabling act. Sec. 3. The propositions 
contained in the act of Congress entitled, "An act to authorize the people 
of the Territory of Minnesota to form a constitution and state government, 
preparatory to their admission into the Union on equal footing with the 
original states," are hereby accepted, ratified and confirmed, and shall 
remain irrevocable without the consent of the United States; and it is 
hereby ordained that this State shall never interfere with the primary 
disposal of the soil within the same, by the United States, or with any 
regulations Congress may find necessary for securing the title to said soil 
to bona fide purchasers thereof; and no tax shall be imposed on lands be- 
longing to the United States and in no case shall non-resident proprietors 
be taxed higher than residents. 

ARTICLE III. 

DISTRIBUTION OF THE POWERS OF GOVERNMENT. 

Division of powers. Section 1. The powers of government shall be 
divided into three distinct departments — legislative, executive, and judicial; 
and no person or persons belonging to or constituting one of these depart- 
ments shall exercise any of the powers properly belonging to either of the 
others, except in the instances expressly provided in this constitution, (a) 

termination of this 6th and last course and distance being the above said most northwestern 
point of the Lake of the Woods, as designated by the seventh article of the treaty of Ghent, 
and being in latitude 49° 23' 55" north of the equator, and in longitude 95° 14' 38" west 
from Greenwich. The second article of the convention of 1818 is as follows : Article 2. It 
is agreed that a line drawn from the most northwestern point of the Lake of the Woods 
along the 49th parallel of north latitude, or, if the said point shall not be in the 49th parallel 
of north latitude, then that a line drawn from the said point due north or south, as the 
case may be, until the said line shall intersect the said parallel of north latitude, and from 
the point of such intersection due west, along 5-nd with the said parallel, shall be the line 
of demarkation between the territories of the United States and His Britannic Majesty, and 
that the said line shall form the northern boundary of the said territories of the United 
States and the southern boundary of His Britannic Majesty, from the Lake of the Woods to 
the Stony Mountains. This boundary was re-established and determined by a commission 
authorized by congress, and the surveys embracing four years were made and reported to 
congress in 1877. 



(a) Courts cannot control or interfere with an executive officer of the state in his 
official acts, even though they are such that the duty to perform them might have been 
entrusted to some other officer. 28 Minn. 50. 



26 CONSTITUTION OF THE STATE OF MINNESOTA. 

ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

Legislature meets biennially — length of session. Section 1. The legis- 
lature shall consist of the Senate and House of Representatives, which shall 
meet biennially at the seat of government of the State, at such time as shall 
be prescribed by law, but no session shall exceed the term of ninety (90) 
legislative days ; and no new bill shall be introduced in either branch, except 
on the written request of the governor, during the last twenty (20) days of 
such sessions, except the attention of the legislature shall be called to some 
important matter of general interest by a special message from the gov- 
ernor. 

Apportionment of members. Sec. 2. The number of members who 
compose the Senate and House of Representatives shall be prescribed by 
law, but the representatives in the Senate shall never exceed one member for 
every 5,000 inhabitants, and in the House of Representatives one member 
for every 2,000 inhabitants. The representation in both houses shall be 
apportioned equally throughout the different sections of the State, in pro- 
portion to the population thereof, exclusive of Indians not taxable under the 
provisions of law. 

Eligibility of members — quorum. Sec. 3. Each house shall be the 
judge of the election returns and eligibility of its own members; a majority 
of each shall constitute a quorum to transact business, but a smaller number 
may adjourn from day to day, and compel the attendance of absent members 
in such manner and under such penalties as it may provide. 

Rules of government. Sec. 4. Each house may determine the rules of 
its proceedings, sit upon its own adjournment, punish its members for dis- 
orderly behavior, and, with the concurrence of two-thirds, expel a member; 
but no member shall be expelled the second time for the same offense. 

Officers — journal of proceedings. Sec. 5. The House of Representa- 
tives shall elect its presiding officer and the Senate and House of Represent- 
atives shall elect such other officers as may be provided by law; they shall 
keep journals of their proceedings, and from time to time publish the same, 
and the yeas and nays, when taken on any question, shall be entered on such 
journals. 

Length of adjournments. Sec. 6. Neither house shall, during a session 
of the legislature, adjourn for more than three days (Sundays excepted), 
nor to any other place than that in which the two houses shall be assembled, 
without the consent of the other house. 

Compensation. Sec. 7. The compensation of senators and representa- 
tives shall be three dollars per diem during the first session, but may after- 
wards be prescribed by law. But no increase of compensation shall be 
prescribed which shall take effect during the period for which the members 
of the existing House of Representatives may have been elected. 



CONSTITUTION OF THE STATE OF MINNESOTA. 27 

Privileged from arrest. Sec. 8. The members of each house shall in all 
cases, except treason, felony, and breach of the peace, be privileged from 
arrest during the session of their respective houses, and in going to or 
returning from the same. For any speech or debate in either house they 
shall not be questioned in any other place. 

Restriction as to holding office. Sec. 9. No senator or representative 
shall, during the time for which he is elected, hold any office under the 
authority of the United States or the State of Minnesota, except that of 
postmaster, and no senator or representative shall hold an office under the 
state which has been created or the emoluments of which have been 
increased during the session of the legislature of which he was a member, 
until one year after the expiration of his term of office in the legislature. 

Bills of revenue to originate in House. Sec. 10. All bills for raising a 
revenue shall originate in the House of Representatives, but the Senate may 
propose and concur with amendments as on other bills. 

Approval of bills by Governor— action on non-approval. Sec. 11. Every 
bill which shall have passed the Senate and House of Representatives, in 
conformity to the rules of each house and the joint rules of the two houses, 
shall, before it becomes a law, be presented to the governor of the State. 
If he approve, he shall sign and deposit it in the office of secretary of state 
for preservation, and notify the house where it originated of the fact. 
But if not, he shall return it, with his objections, to the house in 
which it shall have originated; when such objections shall be entered 
at large on the journal of the same, and the house shall proceed to reconsider 
the bill. If, after such reconsideration, two-thirds of that house shall agree 
to pass the bill, it shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered ; and if it be approved 
by two-thirds of that house it shall become a law. But in all such cases the 
votes of both houses shall be determined by yeas and nays, and the names of 
the persons voting for or against the bill shall be entered on the journal of 
each house, respectively. If any bill shall not be returned by the governor 
within three days (Sundays excepted) after it shall have been presented to 
him, the same shall be a law in like manner as if he had signed it, unless the 
legislature, by adjournment within that time, prevents its return; in which 
case it shall not be a law. The governor may approve, sign and file in the 
office of the secretary of state, within three days after the adjournment of 
the legislature, any act passed during the last three days of the session, and 
the same shall become a law. 

Governor may cut out items of appropriation bills and otherwise ap- 
prove. If any bill presented to the governor contain several items of appro- 
priation of money, he may object to one or more of such items, while approv- 
ing of the other portion of the bill. In such case he shall append to the bill, 
at the time of signing it, a statement of the items to which he objects, and 
the appropriation so objected to shall not take effect. If the legislature be in 
session, he shall transmit to the house in which the bill originated a copy 
of such statement, and the items objected to shall be separately reconsidered. 



28 CONSTITUTION OF THE STATE OF MINNESOTA. 

If, on reconsideration, one or more of such items be approved by two-thirds 
of the members elected to each house, the same shall be a part of the law, 
notwithstanding the objections of the governor. All the provisions of this 
section, in relation to bills not approved by the governor, shall apply in 
cases in which he shall withhold his^ approval from any item or items 
contained in a bill appropriating money. 

Money appropriations, how made. Sec. 12. No money shall be appro- 
priated except by bill. Every order, resolution or vote requiring the con- 
currence of the two houses (except such as relate to the business or ad- 
journment of the same) shall be presented to the governor for his signature, 
and, before the same shall take effect, shall be approved by him, or, being 
returned by him with his objections, shall be repassed by two-thirds of the 
members of the two houses, according to the rules and limitations prescribed 
in case of a bill. 

Majority vote of all members-elect to pass a law. Sec. 13. The style 
of all laws of this State shall be: "Be it enacted by the Legislature of the 
State of Minnesota." No law shall be passed unless voted for by a majority 
of all the members elected to each branch of the legislature, and the vote 
entered upon the journal of each house. 

Impeachment powers. Sec. 14. The House of Representatives shall 
have the sole power of impeachment, through a concurrence of a majority 
of all the members elected to seats therein. All impeachments shall be tried 
by the Senate; and when sitting for that purpose the senators shall be upon 
oath or affirmation to do justice according to law and evidence. No person 
shall be convicted without the concurrence of two-thirds of the members 
present. 

Exclusion from civil rights. Sec. 15. The legislature shall have full 
power to exclude from the privilege of electing or being elected any person 
convicted of bribery, perjury, or any other infamous crime. 

Protest and dissent of members. Sec. 16. Two or more members of 
either house shall have liberty to dissent and protest against any act or 
resolution which they may think injurious to the public or to any indi- 
vidual, and have the reason of their dissent entered on the journal. 

Vacancies in legislature. Sec. 17. The governor shall issue writs of 
Section to fill such vacancies as may occur in either house of the legis- 
lature. The legislature shall prescribe by law the manner in which evidence 
in cases of contested seats in either house shall be taken. 

Punish for disorderly conduct. Sec. 18. Each house may punish by 
imprisonment, during its session, any person, not a member, who shall be 
guilty of any disorderly or contemptuous behavior in their presence, but no 
such imprisonment shall at any time exceed twenty-four hours. 

Open sessions. Sec. 19. Each house shall be open to the public during 
the sessions thereof, except in such cases as in their opinion may require 
secrecy. 



CONSTITUTION OF THE STATE OF MINNESOTA. 29 

Reading of bills. Sec. 20. Every bill shall be read on three different 
days in each separate house, unless, in case of urgency, two-thirds of the 
house where such bill is depending shall deem it expedient to dispense with 
this rule; and no bill shall be passed by either house until it shall have been 
previously read twice at length. 

Enrollment of bills. Sec. 21. Every bill having passed both houses 
shall be carefully enrolled, and shall be signed by the presiding officer of 
each house. Any presiding officer refusing to sign a bill which shall have 
previously passed both houses shall thereafter be incapable of holding a seat 
in either branch of- the legislature, or hold any other office of honor or 
profit in the State, and in case of such refusal, each house shall, by rule, 
provide the manner in which such bill shall be properly certified for presen- 
tation to the governor. 

Passage of bills on last day of session prohibited. Sec. 22. No bill shall 
be passed by either house of the legislature upon the day prescribed for the 
adjournment of the two houses. But this section shall not be so construed 
as to preclude the enrollment of a bill, or the signature and passage from 
one house to the other, or the reports thereon from committees, or its 
transmission to the executive for his signature. 

Census enumeration — apportionment. Sec. 23. The legislature shall 
provide by law for an enumeration of the inhabitants of this State in the 
year one thousand eight hundred and sixty-five, and every tenth year there- 
after. At their first session after each enumeration so made, and also at 
their first session after each enumeration made by the authority of the 
United States, the legislature shall have the power to prescribe the bounds 
of congressional, senatorial and representative districts, and to apportion 
anew the senators and representatives among the several districts according 
to the provisions of section second of this article. 

Senatorial districts — term of office of senators and representatives. 
Sec. 24. The senators shall also be chosen by single districts of convenient 
contiguous territory, at the same time that members of the house of repre- 
sentatives are required to be chosen, and in the same manner; and no repre- 
sentative district shall be divided in the formation of a senate district. The 
senate districts shall be numbered in a regular series. The terms of office of 
senators and representatives shall be the same as now prescribed by law 
until the general election of the year one thousand eight hundred and 
seventy-eight (1878), at which time there shall be an entire new election 
of all the senators and representatives. Representatives chosen at such 
election, or at any election thereafter, shall hold their office for the term of 
two years, except it be to fill a vacancy; and the senators chosen at such 
election by districts designated as odd numbers shall go out of office at 
the expiration of the second year, and senators chosen by districts designated 
by even numbers shall go out of office at the expiration of the fourth year; 
and thereafter senators shall be chosen for four years, except there shall be 
an entire new election of all the senators at the election of representatives 
next succeeding each new apportionment provided for in this article. 



30 CONSTITUTION OF THE STATE OF MINNESOTA. 

Qualification of legislators. Sec. 25. Senators and representatives shall 
be qualified voters of the State, and shall have resided one year in the 
State and six months immediately preceding the election in the district from 
which they are elected. 

Senators to Congress. Sec. 26. Members of the Senate of the United 
States from this State shall be elected by the two houses of the legislature 
in joint convention, at such time and in such manner as may be provided by 
law. 

Laws to embrace only one subject. Sec. 27. No law shall embrace 
more than one subject, which shall be expressed in its title. 

Divorces. Sec. 28. Divorces shall not be granted by the legislature. 

Oath of office. Sec. 29. All members and officers of both branches of 
the legislature shall, before entering upon the duties of their respective 
trusts, take and subscribe an oath or affirmation to support the Constitution 
of the United States, the Constitution of the State of Minnesota, and faith- 
fully and impartially to discharge the duties devolving upon him as such 
member or officer. 

Elections viva voce. Sec. 30. In all elections to be made by the legis- 
lature, the members thereof shall vote viva voce, and their votes shall be 
entered on the journal. 

Prohibition of lotteries. Sec. 31. The legislature shall never authorize 
any lottery or the sale of lottery tickets. 

Change of form of taxation of railroads to be voted upon. Sec. 32. [a] 
Any law providing for the repeal or amendment of any law or laws 
heretofore or hereafter enacted, which provides that any railroad company 
now existing in this State or operating its road therein, or which may be 
hereafter organized, shall, in lieu of all other taxes and assessments upon 
their real estate, roads, rolling stock, and other personal property, at and 
during the time and periods therein specified, pay into the treasury of this 
State a certain percentage therein mentioned of the gross earnings of such 
railroad companies now existing or hereafter organized, shall, before the 
same shall take effect or be in force, be submitted to a vote of the people of 
the State, and be adopted and ratified by a majority of the electors of 
the State voting at the election at which the same shall be submitted to them. 

Internal improvement lands — investment of proceeds in bonds. Sec. 32. 
[6] All lands donated to the State of Minnesota for the purpose of internal 
improvement, under the eighth section of the act of Congress, approved 
September fourth, eighteen hundred and forty-one, being "An act to appro- 
priate the proceeds of the sale of the public lands, and to grant pre-emption 
rights," shall be appraised and sold, in the same manner and by the same 
officers, and the minimum price shall be the same as is provided by law for 
the appraisement and sale of the school lands, under the provisions of title 
one (1), chapter thirty-eight, of the General Statutes, except the modifica- 
tions hereinafter mentioned. All moneys derived from the sales of said lands 
shall be invested in the bonds of the United States, or of the State of 



CONSTITUTION OF THE STATE OF MINNESOTA. 31 

Minnesota issued since 1860; and the moneys so invested shall constitute 
the Internal Improvement Land Fund of the State. All moneys received by 
the county treasurer under the provisions of title one (1), chapter thirty- 
eight (38), aforesaid, derived from the sale of internal improvement lands, 
shall be held at all times subject to the order and direction of the state 
treasurer, for the benefit of the fund to which it belongs; and on the 
fifteenth day of June in each year, and at such other times as he may be 
requested so to do by the state treasurer, he shall pay over to the said state 
treasurer all moneys received on account of such fund. 

The bonds purchased in accordance with this amendment shall be trans- 
ferable only upon the order of the governor, and on each bond shall be 
written "Minnesota Internal Improvement Land Fund of the State, transfer- 
able only on the order of the governor." 

Principal not to be reduced. The principal sum from all sales of inter- 
nal improvement lands shall not be reduced by any charges or costs of 
officers, by fees, or by any other means whatever; and section fifty (50), of 
title one (1), of chapter thirty-eight (38), of the General Statutes, shall not 
be applicable to the provisions of this amendment, and wherever the words 
"school lands" are used in said title, it shall read as applicable to this 
amendment, "Internal Improvement Lands." 

Appropriations therefrom to be voted upon before valid. The moneys 
belonging to the Internal Improvement Land Fund shall not be appropriated 
for any purpose whatever until the enactment for that purpose shall have 
been approved by a majority of the electors of the State voting at the 
annual general election following the passage of the act. (a) 

The force of this amendment shall be to authorize the sale of the 
internal improvement lands, without further legislative enactment. 

Against special legislation. Sec. 33. In all cases when a general law 
can be made applicable, no special law shall be enacted; and whether a 
general law could have been made applicable in any case is hereby declared 
a judicial question, and as such shall be judicially determined without 
regard to any legislative assertion on that subject. The legislature shall 
pass no local or special law regulating the affairs of, or incorporating, erect- 
ing or changing the lines of, any county, city, village, township, ward or 
school district, or creating the offices, or prescribing the powers and duties 
of the officers of, or fixing or relating to the compensation, salary or fees 
of the same, or the mode of election or appointment thereto, authorizing the 
laying out, opening, altering, vacating or maintaining roads, highways, 
streets or alleys; remitting fines, penalties or forfeitures; regulating the 
powers, duties and practice of justices of the peace, magistrates and con- 
stables; changing the names of persons, places, lakes or rivers; for open- 
ing and conducting of elections, or fixing or changing the places of voting; 



(a) By chapter 71, G. L. of 1881, extra session, the proceeds of this fund were 
pledged to the payment of Minnesota State Railroad adjustment bonds, and the law was 
voted upon and approved at the general election of 1884, by 31,011 votes in favor and 
13,589 votes against. 



32 CONSTITUTION OF THE STATE OF MINNESOTA. 

authorizing the adoption or legitimation of children; changing the law of 
descent or succession; conferring rights upon minors; declaring any named 
person of age; giving effect to informal or invalid wills or deeds, or 
affecting the estates of minors or persons under disability; locating or 
changing county seats; regulating the management of public schools, the 
building or repairing of schoolhouses, and the raising of money for such 
purposes; exempting property from taxation, or regulating the rate of 
interest on money; creating corporations, or amending, renewing, extending 
or explaining the charters thereof; granting to any corporation, association 
or individual any special or exclusive privilege, immunity or franchise what- 
ever, or authorizing public taxation for a private purpose. Provided, how- 
ever, That the inhibitions of local or special laws in this section shall not 
be construed to prevent the passage of general laws on any of the subjects 
enumerated. 

Repeal of existing special laws. The legislature may repeal any exist- 
ing special or local law, but shall not amend, extend or modify any of the 
same. 

Refers to amendment of 1881, superseded as above. Sec. 34. The legis- 
lature shall provide general laws for the transaction of any business that 
may be prohibited by section one (1) of this amendment, and all such laws 
shall be uniform in their operation throughout the State. 

Against combinations or pools to affect markets. Sec. 35. Any com- 
binations of persons, either as individuals or as members or officers of any 
corporation, to monopolize the markets for food products in this State, or 
to interfere with, or restrict the freedom of, such markets, is hereby de- 
clared to be a criminal conspiracy, and shall be punished in such manner as 
the legislature may provide. 

City or village may frame its own charter — charter to be submitted to 
voters. Sec. 36. Any city or village in this State may frame a charter for 
its own government as a city consistent with and subject to the laws of this 
State, as follows: The legislature shall provide, under such restrictions as 
it deems proper, for a board of fifteen freeholders, who shall be and for 
the past five years shall have been qualified voters thereof, to be appointed 
by the district judges of the judicial district in which the city or village is 
situated, as the legislature may determine, for a term in no event to exceed 
six years, which board shall, within six months after its appointment, 
return to the chief magistrate of said city or village draft of said charter, 
signed by the members of said board, or a majority thereof. Such charter 
shall be submitted to the qualified voters of such city or village at the 
next election thereafter, and if four-sevenths of the qualified voters voting 
at such election shall ratify the same it shall, at the end of thirty days there- 
after, become the charter of such city or village as a city, and supersede any 
existing charter and amendments thereof; provided, that in cities having 
patrol limits now established, such charters shall require a three-fourths 
majority vote of the qualified voters voting at such election to change the 
patrol limits now established. 



CONSTITUTION OF THE STATE OF MINNESOTA. 33 

Legislature to prescribe general limits of charter — amendment of char- 
ter — upon application of 5 per cent of legal voters. Before any city shall 
incorporate under this act the legislature shall prescribe by law the general 
limits within which such charter shall be framed. Duplicate certificates 
shall be made setting forth the charter proposed and its ratification, which 
shall be signed by the chief magistrate of said city or village and authen- 
ticated by its corporate seal. One of said certificates shall be deposited in 
the office of secretary of state, and the other, after being recorded in the 
office of the register of deeds for the county in which such city or village 
lies, shall be deposited among the archives of such city or village, and all 
courts shall take judicial notice thereof. Such charter so deposited may be 
amended by proposal therefor made by a board of fifteen commissioners 
aforesaid, published for at least thirty days in three newspapers of general 
circulation in such city or village, and accepted by three-fifths of the 
qualified voters of such city or village voting at the next election, and 
not otherwise; but such charter shall always be in harmony with and 
subject to the Constitution and laws of the State of Minnesota. The legis- 
lature may prescribe the duties of the commission relative to submitting 
amendments of charter to the vote of the people and shall provide that upon 
application of five per cent of the legal voters of any such city or village, 
by written petition, such commission shall submit to the vote of the people 
proposed amendments to such charter set forth in said petition. The board 
of freeholders above provided for shall be permanent, and all the vacancies 
by death, disability to perform duties, resignation or removal from the cor- 
porate limits, or expiration of term of office, shall be filled by appointment 
in the same manner as the original board was created, and said board shall 
always contain its full complement of members. 

Mayor and legislative body. It shall be a feature of all such charters 
that there shall be provided, among other things, for a mayor or chief 
magistrate, and a legislative body of either one or two houses; if of two 
houses, at least one of them shall be elected by general vote of the electors. 

Articles of amendment may be submitted separately. In submitting any 
such charter or amendment thereto to the qualified voters of such city 
or village, any alternate section or article may be presented for the choice of 
the voters, and may be voted on separately without prejudice to other 
articles or sections of the charter or any amendments thereto. 

General laws for cities by divisions of population. The legislature may 
provide general laws relating to affairs of cities, the application of which 
may be limited to cities of over fifty thousand inhabitants, or to cities of 
fifty and not less than twenty thousand inhabitants, or to cities of twenty 
and not less than ten thousand inhabitants, or to cities of ten thousand 
inhabitants or less, which shall apply equally to all such cities of either 
class, and which shall be paramount while in force to the provisions relat- 
ing to the same matter included in the local charter herein provided for. 
But no local charter, provision or ordinance passed thereunder shall super- 
sede any general law of the State defining or punishing crimes or misde- 
meanors. 



34 CONSTITUTION OF THE STATE OF MINNESOTA. 

ARTICLE V. 

EXECUTIVE DEPARTMENT. 

Officers in executive department. Section 1. The executive depart- 
ment shall consist of a governor, lieutenant governor, secretary of state, au- 
ditor, treasurer and attorney general who shall be chosen by the electors of 
the State, (a) 

Election returns to be sent to secretary of state. Sec. 2. The returns 
of every election for the officers named in the foregoing section shall be made 
to the secretary of state, who shall call to his assistance two or more of the 
judges of the supreme court, and two disinterested judges of the district 
courts of the State, who shall constitute a board of canvassers, who shall 
open and canvass said returns and declare the result within three days after 
such canvass. 

Official term of governor and lieutenant governor — qualifications. 
Sec. 3. The term of office for the governor and lieutenant governor shall be 
two years, and until their successors are chosen and qualified. Each shall 
have attained the age of twenty-five (25) years, and shall have been a 
bona fide resident of the State for one year next preceding his election. 
Both shall be citizens of the United States. 

Powers and duties of governor. Sec. 4. The governor shall communi- 
cate by message to each session of the legislature such information touching 
the state and condition of the country as he may deem expedient. He shall 
be commander-in-chief of the military and naval forces, and may call out 
such forces to execute the laws, suppress insurrection and repel invasion. 
He may require the opinion, in writing, of the principal officer in each of 
the executive departments, upon any subject relating to the duties of their 
respective offices; and he shall have power, in conjunction with the board 
of pardons, of which the governor shall be ex officio a member, and the other 
members of which shall consist of the attorney general of the State of 
Minnesota and the chief justice of the supreme court of the State of 
Minnesota, and whose powers and duties shall be defined and regulated by 
law, to grant reprieves and pardons after conviction for offenses against the 
State, except in cases of impeachment. He shall have power, by and with 
the advice and consent of the Senate, to appoint a state librarian and 
notaries public, and such other officers as may be provided by law. He shall 
have power to appoint commissioners to take the acknowledgment of 
deeds or other instruments in writing, to be used in the State. He shall 
have a negative upon all laws passed by the legislature, under such rules 
and limitations as are in this Constitution prescribed. He may on extra- 



(a) An executive officer of the state is not subject to the control or interference of 
the judiciary in the performance of duties belonging to him as an executive officer, and no 
act done, or threatened to be done, by him in his official capacity can be brought under 
judicial control or interference by mandamus or injunction, even when the act is purely 
ministerial. 29 Minn. 555. 



CONSTITUTION OF THE STATE OF MINNESOTA. 35 

ordinary occasions convene both houses of the legislature. He shall take 
care that the laws be faithfully executed, fill any vacancy that may occur in 
the office of secretary of state, treasurer, auditor, attorney general, and 
such other state and district offices as may be hereafter created by law, 
until the next annual election, and until their successors are chosen and 
qualified. 

Official term of other executive officers. Sec. 5. The official term of 
the secretary of state, treasurer and attorney general shall be two (2) 
years. The official term of the state auditor shall be four (4) years, and 
each shall continue in office until his successor shall have been elected and 
qualified. The further duties and salaries of said executive officers shall 
each be prescribed by law. 

Duties of lieutenant governor. Sec. 6. The lieutenant governor shall 
be ex officio president of the Senate; and in case a vacancy shall occur, 
from any cause whatever, in the office of governor, he shall be governor 
during such vacancy. The compensation of lieutenant governor shall be 
double the compensation of a state senator. Before the close of each 
session of the Senate they shall elect a president pro tempore, who shall be 
lieutenant governor in case a vacancy should occur in that office. 

Official terms of first State officers — (Obsolete.) Sec. 7. The term of 
each of the executive officers named in this article shall commence on taking 
the oath of office on or after the first day of May, 1858, and continue until 
the first Monday of January, 1860. except the auditor, who shall continue 
in office till the first Monday of January, 1861; and until their successors 
shall have been duly elected and qualified; and the same above mentioned 
time for qualification and entry upon the duties of their respective offices 
shall extend and apply to all other officers elected under the State Consti- 
tution, who have not already taken the oath of office, and commenced the 
performance of their official duties. 

Oath of office to be taken by State officers. Sec. 8. Each officer cre- 
ated by this article shall, before entering upon his duties, take an oath or 
affirmation to support the Constitution of tht United States and of this 
State, and faithfully discharge the duties of his office to the best of his 
judgment and ability. 

(Obsolete.) Sec. 9. Laws shall be passed at the first session of the 
legislature after the State is admitted into the Union to carry out the pro- 
visions of this article. 

ARTICLE VI. 

JUDICIARY. 

Judicial powers. Section. 1. The judicial power of the State shall be 
vested in a supreme court, district courts, courts of probate, justices of 
the peace, and such other courts, inferior to the supreme court, as the legis- 
lature may from time to time establish by a two-thirds vote. 

—3 



36 CONSTITUTION OF THE STATE OF MINNESOTA. 

Supreme court — jurisdiction and powers — reporter of decisions — clerk 
of supreme court. Sec. 2. The supreme court shall consist of one chief 
justice and two associate justices, but the number of the associate justices 
may be increased to a number not exceeding four, by the legislature, by a 
two-thirds vote, when it shall be deemed necessary. It shall have original 
jurisdiction in such remedial cases as may be prescribed by law, and 
appellate jurisdiction in all cases, both in law and equity, but there shall 
be no trial by jury in said court. It shall hold one or more terms in each 
year, as the legislature may direct, at the seat of government, and the 
legislature may provide, by a two-thirds vote, that one term in each year 
shall be held in each or any judicial district. It shall be the duty of such 
court to appoint a reporter of its decisions. There shall be chosen, by the 
qualified electors of the State, one clerk of the supreme court, who shall 
hold his office for the term of four years, and until his successor is duly 
elected and qualified, and the judges of the supreme court, or a majority of 
them, shall have the power to fill any vacancy in the office of clerk of the 
supreme court until an election can be regularly had. 

Election and term of office for judges. Sec. 3. The judges of the 
supreme court shall be elected by the electors of the State at large, and 
their term of office shall be six years, and until their successors are elected 
and qualified. 

District judges may act where supreme judges are disqualified. When- 
ever all or a majority of the judges of the supreme court shall, from any 
cause, be disqualified from sitting in any case in said court, the governor, 
or, if he shall be interested in the result of such case, then the lieutenant 
governor, shall assign judges of the district court of the State, who shall sit 
in such case in place of such disqualified judges, with all the powers and 
duties of judges of the supreme court. 

Judicial districts for district courts — election of judges — term of office 
and residence. Sec. 4. The State shall be divided by the legislature into 
judicial districts, which shall be composed of contiguous territory, be 
bounded by county lines, and contain a population as nearly equal as may 
be practicable. In each judicial district, one or more judges, as the legis- 
lature may prescribe, shall be elected by the electors thereof, whose term 
of office shall be six years, and each of said judges shall severally have and 
exercise the powers of the court, under such limitations as may be pre- 
scribed by law. Every district judge shall, at the time of his election, be a 
resident of the ■ district for which he shall be elected, and shall reside 
therein during his continuance in office. In case any court of common pleas 
heretofore established shall be abolished, the judge of said court may be 
constituted by the legislature one of the judges of the district court of the 
district wherein such court has been so established for a period not ex- 
ceeding the unexpired term for which he was elected. 



The supreme court shall consist of one chief justice and four associate justices. 
G. L. 1881, ch. 141. 



CONSTITUTION OF THE STATE OF MINNESOTA. 37 

Jurisdiction of district courts. Sec. 5. The district courts shall have 
original jurisdiction in all civil cases, both in law and equity, where the 
amount in controversy exceeds one hundred dollars, and in all criminal 
cases where the punishment shall exceed three months' imprisonment or a 
fine of more than one hundred dollars, and shall have such appellate juris- 
diction as may be prescribed by law. The legislature may provide by law 
that the judge of one district may discharge the duties of judge of any 
other district not his own, when convenience or the public interest may 
require it. 

Qualifications. Sec. 6. The judges of the supreme and district courts 
shall be men learned in the law, and shall receive such compensation at 
stated times as may be prescribed by the legislature; which compensation 
shall not be diminished during their continuance in office, but they shall 
receive no other fee or reward for their services. 

Probate court — judges to be elected — jurisdiction. Sec. 7. There shall 
be established in each organized county in the State a probate court, which 
shall be a court of record, and be held at such time and places as may be 
prescribed by law. It shall be held by one judge, who shall be elected by 
the voters of the county for the term of two years. He shall be a resident 
of such county at the time of his election, and reside therein during his 
continuance in office; and his compensation shall be provided by law. He 
may appoint his own clerk where none has been elected; but the legislature 
may authorize the election, by the electors of any county, of one clerk or 
register of probate for such county, whose powers, duties, term of office 
and compensation shall be prescribed by law. A probate court shall have 
jurisdiction over the estates of deceased persons and persons under guar- 
dianship, but no other jurisdiction, except as prescribed by this Constitu- 
tion. 

Justices of the peace to be elected — jurisdiction. Sec. 8. The legisla- 
ture shall provide for the election of a sufficient number of justices of the 
peace in each county, whose term of office shall be two years, and whose 
duties and compensation shall be prescribed by law. Provided, That no 
justice of the peace shall have jurisdiction of any civil cause where the 
amount in controversy shall exceed one hundred dollars, nor in a criminal 
cause where the punishment shall exceed three months' imprisonment, or a 
fine over one hundred dollars, nor in any cause involving the title to real 
estate. 

Judges for other courts to be elected. Sec. 9. All judges other than 
those provided for in this Constitution shall be elected by the electors of 
the judicial district, county, or city, for which they shall be created, not for 
a longer term than seven years. 

Vacancies — appointment by governor. Sec. 10. In case the office of 
any judge become vacant before the expiration of the regular term for 
which he was elected, the vacancy shall be filled by appointment by the 
governor, until a successor is elected and qualified. And such successor 
shall be elected at the first annual election that occurs more than thirty 
days after the vacancy shall have happened. 



38 CONSTITUTION OF THE STATE OF MINNESOTA. 

Prohibition, supreme or district judges to hold other offices or to be 
voted for office while in office. Sec. 11. The justices of the supreme court 
and the district courts shall hold no office under the United States, nor 
any other office under this State. And all votes for either of them for any 
elective office under this Constitution, except a judical office given by the 
legislature or the people, during their continuance in office, shall be void. 

Change of judicial districts. Sec. 12. The legislature may at any time 
change the number of judicial districts or their boundaries, when it shall be 
deemed expedient; but no such change shall vacate the office of any judge. 

Clerk of court. Sec. 13. There shall be elected in each county where 
a district court shall be held, one clerk of said court, whose qualifications, 
duties and compensation shall be prescribed by law, and whose term of 
office shall be four years. 

Legal pleadings. Sec. 14. Legal pleadings and proceedings in the 
courts of this State shall be under the direction of the legislature. The 
style of all process shall be, "The State of Minnesota," and all indictments 
shall conclude, "against the peace and dignity of the State of Minnesota." 

Court commissioner — powers and jurisdiction. Sec. 15. The legislature 
may provide for the election of one person in each organized county in this 
State, to be called a court commissioner, with judicial power and jurisdic- 
tion not exceeding the power and jurisdiction of a judge of the district 
court at chambers; or the legislature may, instead of such election, confer 
such power and jurisdiction upon the judges of probate in the State. 

ARTICLE VII, 

ELECTIVE FRANCHISE. 

Elective franchise. Section 1. What persons are entitled to vote: 

Residence required. Every male person of the age of twenty-one (21) 
years or upwards belonging to either of the following classes who has 
resided in this State six (6) months next preceding any election shall be 
entitled to vote at such election in the election district of which he shall 
at the time have been for thirty (30) days a resident, for all officers that 
now are, or hereafter may be, elective by the people. 

Citizens of the United States. First — Citizens of the United States 
who have been such for the period of three (3) months next preceding any 
election. 

Mixed Indians. Second — Persons of mixed white and Indian blood, 
who have adopted the customs and habits of civilization. 

Pure Indians having adopted habits of civilization. Third — Persons of 
Indian blood residing in this State, who have adopted the language, cus- 
toms and habits of civilization, after an examination before any district 
court of the State, in such manner as may be provided by law, and shall 
have been pronounced by said court capable of enjoying the rights of citizen- 
ship within the State. 



CONSTITUTION OF THE STATE OF MINNESOTA. oq 

Non-eligible. Sec. 2. No person not belonging to one of the classes 
specified in the preceding section; no person who has been convicted of 
treason or any felony, unless restored to civil rights; and no person under 
guardianship, or who may be non compos mentis or insane, shall be entitled 
or permitted to vote at any election in this State. 

. Residence not lost in certain cases. Sec. 3. For the purpose of voting, 
no person shall be deemed to have lost a residence by reason of his absence 
while employed in the service of the United States; nor while engaged upon 
the waters of this State or of the United States; nor while a student in 
any seminary of learning; nor While kept at any almshouse or asylum; nor 
while confined in any public prison. 

Soldiers and sailors — restriction. Sec. 4. No sailor, seaman or marine 
in the army or navy of the United States shall be deemed a resident of this 
State in consequence of being stationed within the same. 

Civil process suspended on election day. Sec. 5. During the day on 
which any election shall be held, no person shall be arrested by virtue of 
any civil process. 

Elections by ballots. Sec. 6. All elections shall be by ballot, except 
for such town officers as may be directed by law to be otherwise chosen. 

Right to hold office. Sec. 7. Every person who by the provisions of 
this article shall be entitled to vote at any election shall be eligible to any 
office which now is, or hereafter shall be, elective by the people in the 
district wherein he shall have resided thirty days previous to such election, 
except as otherwise provided in this Constitution, or the Constitution and 
law of the United States, (a) 

Women may vote and be eligible. Sec. 8. Women may vote for school 
officers and members of library boards, and shall be eligible to hold any 
office pertaining to the management of schools or libraries. 

Any woman of the age of twenty-one (21) years and upward and 
possessing qualifications requisite to a male voter may vote at any elec- 
tion held for the purpose of choosing" any officer of schools or any members 
of library boards, or upon any measure relating to schools or libraries, and 
shall be eligible to hold any office pertaining to the management of schools 
and libraries. 

Official year of the State. Sec. 9. The official year for the State of 
Minnesota shall commence on the first Monday in January in each year, 
and all terms of office shall terminate at that time; and the general election 
shall be held on the first Tuesday after the first Monday in November. The 
first general election for State and county officers, except judical officers, 
after the adoption of this amendment, shall be held in the year A. D. one 
thousand eight hundred and eight- four (1884), and thereafter the general 
election shall be held biennially. All state, county or other officers elected 



(a) Held restrictive and to disqualify a person from holding an elective office who was 
not eligible at the date of his election, though eligible at the beginning of the term. 45 
Minn. 309. 



40 CONSTITUTION OF THE STATE OF MINNESOTA. 

at any general election, whose terms of office would otherwise expire on 
the first Monday of January, A. D. one thousand eight hundred and eight- 
six (1886), shall hold and continue in such offices, respectively, until the 
first Monday in January, one thousand eight hundred and eighty-seven 
(1887). 

ARTICLE VIII. 

SCHOOL FUNDS, EDUCATION AND SCIENCE. 

Uniform system of public schools. Section 1. The stability of a re- 
publican form of government depending mainly upon the intelligence of the 
people, it shall be the duty of the legislature to establish a general and 
uniform system of public schools, (a) 

Proceeds of school lands to be a perpetual fund. Sec. 2. The proceeds 
of such lands as are or hereafter may be granted by the United States for 
the use of schools within each township of this State shall remain a per- 
petual school fund to the State; and not more than one-third (1-3) of said 
lands may be sold in two (2) years, one-third (1-3) in five (5) years, and 
one-third (1-3) in ten (10) years; but the lands of the greatest valuation 
shall be sold first ; provided, that no portion of said lands shall be sold other- 
wise than at public sale. The principal of all funds arising from sales or 
other disposition of lands or other property, granted or entrusted to this 
State in each township for educational purposes, shall forever be preserved 
inviolate and undiminished; and the income arising from the lease or sale 
of said school land shall be distributed to the different townships throughout 
the State, in proportion to the number of scholars in each township, between 
the ages of five and twenty-one years; and shall be faithfully applied to the 
specific objects of the original grants or appropriations. 

Investment of funds. Suitable laws shall be enacted by the legislature 
for the safe investment of the principal of all funds which have heretofore 
arisen or which may hereafter arise from the sale or other disposition 
of such lands, or the income from such lands accruing in any way before 
the sale or disposition thereof, in interest-bearing bonds of the United 
States, or of the State of Minnesota, issued after the year one thousand 
eight hundred and sixty (1860), or of such other state as the legislature 
may, by, law, from time to time direct. 

Swamp lands — division of proceeds. All swamp lands now held by the 
State, or that may hereafter accrue to the State, shall be appraised and 
sold in the same manner and by the same officers, and the minimum price 
shall be the same less one-third (1-3), as is provided by law for the appraise- 
ment and sale of the school lands under the provisions of title one (1) of 



(a) Article 8, section 1, which directs the establishment of a general and uniform 
system of public schools, does not prohibit the legislature from providing public schools other 
than those included in the general system, or creating exceptional districts, to meet partic- 
ular and exceptional cases; and the exception from the operation of a general law relating 
to public schools of independent school districts, and schools specially provided for, does not 
violate the constitutional provision. 25 Minn. 1. 



CONSTITUTION OF THE STATE OF MINNESOTA. 41 

chapter thirty-eight (38) of the General Statutes. The principal of all 
funds derived from sales of swamp lands, as aforesaid, shall forever be 
preserved inviolate and undiminished. One-half ( 1 / 2 ) of the proceeds of 
said principal shall be appropriated to the common school fund of the 
State. The remaining one-half {Vz) shall be appropriated to the educa- 
tional and charitable institutions of the State in the relative ratio of cost 
to support said institutions. 

Public schools in each township to be established. Sec. 3. The legis- 
lature shall make such provisions, by taxation or otherwise, as, with the 
income arising from the school fund, will secure a thorough and efficient 
system of public schools in each township in the State. 

Prohibition as to aiding sectarian school. But in no case shall the 
moneys derived as aforesaid, or any portion thereof, or any public moneys 
or property, be appropriated or used for the support of schools wherein the 
distinctive doctrines, creeds or tenets of any particular Christian or other 
religious sect are promulgated or taught. 

University of Minnesota — location confirmed. Sec. 4. The location of 
the University of Minnesota, as established by existing laws, is hereby con- 
firmed, and said institution is hereby declared to be the University of the 
State of Minnesota. All the rights, immunities, franchises and endowments 
heretofore granted or conferred are hereby perpetuated unto the said uni- 
versity ; and all lands which may be granted hereafter by Congress, or other 
donations for said university purposes, shall vest in the institution referred 
to in this section. 

Permanent school funds may be loaned to districts or counties for 
school purposes. Sec. 5. The permanent school funds of the State may be 
loaned upon interest at the rate of five (5) per cent per annum to the sev- 
eral counties or school districts of the State, to be used in the erection of 
county or school buildings. No such loan shall be made until approved by 
a board consisting of the governor, the state auditor and the state treasurer, 
who are hereby constituted an investment board for the purpose of the 
loans hereby authorized; nor shall any such loan be for an amount exceed- 
ing three (3) per cent of the last preceding assessed valuation of the real 
estate of the county or school district receiving the same. The state auditor 
shall annually, at the time of certifying the state tax to the several county 
auditors, also certify to each auditor to whose county, or to any of the 
school districts of whose county, any such loan shall have been made, the 
tax necessary to be levied to meet the accruing interest or principal of any 
such loan, and it shall be the duty of every such county auditor forthwith to 
levy and extend such tax upon all the taxable property of his county, or of 
the several school districts, respectively, liable for such loans — as the case 
may be — and in all such cases the tax so assessed shall be fifty (50) per 
cent in excess of the amount actually necessary to be raised on account of 
such accruing principal or interest. It shall be levied, collected and paid 
into the county and state treasuries in the same manner as state taxes, and 
any excess collected over the amount of such principal or interest accruing 
in any given year shall be credited to the general funds of the respective- 
counties or school districts. No change of the boundaries of any school 



42 CONSTITUTION OF THE STATE OF MINNESOTA. 

district after the making of any such loan shall operate to withdraw any 
property from the taxation herein provided for; nor shall any law be passed 
extending the time of payment of any such principal or interest, or reduc- 
ing the rate of such interest, or in any manner waiving or impairing any 
rights of the State in connection with any such loan. Suitable laws, not 
inconsistent with this amendment, may be passed by the legislature for the 
purpose of carrying the same into effect, (a) 

Investment of permanent school and university funds — approval — 
bonded indebtedness not to exceed 15 per cent, draw not less than 3 per cent, 
run not less than 5 nor more than 20 years. Sec. 6. The permanent school 
and university fund of this state may be invested in the bonds of any 
county, school district, city, town or village of this state, but no such invest- 
ment shall be made until approved by the board of commissioners designated 
by law to regulate the investment of the permanent school fund and the 
permanent university fund of this state; nor shall such loan or investment 
be made when the bonds to be issued or purchased would make the entire 
bonded indebtness exceed fifteen (15) per cent of the assessed valuation 
of the taxable real property of the county, school district, city, town or 
village issuing such bonds; nor shall such loans or indebtedness be made 
at a lower rate of interest than three (3) per cent per annum, nor for a 
shorter period than five (5) years, nor for a longer period than twenty 
(20) years, and no change of the town, school district, city, village or of 
county lines shall relieve the real property in such town, school district, 
county, village or city in this state at the time of the issuing of such bonds 
from any liability for taxtation to pay such bonds. 

* Sec. 7. Such of the school and other public lands of the state as are 
better adapted for the production of timber than for agriculture, may be 
set apart as state school forests, or other state forests, as the legislature 
may provide, and the legislature may provide for the management of the 
same on forestry principles. The net revenue therefrom shall be used for 
the purposes for which the lands were granted to the state. 

Power of taxation — legislature may authorize. Section 1. The power 
of taxation shall never be surrendered, suspended or contracted away. Taxes 
shall be uniform upon the same class of subjects, and shall be levied and 
collected for public purposes, but public burying grounds, public school 
houses, public hospitals, academies, colleges, universities, and all seminaries 
of learning, all churches, church property, and houses of worship, institu- 
tions of purely public charity, and public property used exclusively for any 
public purpose, shall be exempt from taxation, and there may be exempted 
from taxation personal property not exceeding in value $200, for each 
household, individual or head of a family, as the legislature may determine: 
Provided, that the legislature may authorize municipal corporations to levy 
and collect assessments for local improvements upon property benefited 
thereby without regard to a cash valuation, and, provided further, that 
nothing herein contained shall be construed to affect, modify or repeal any 
existing law providing for the taxation of the gross earnings of railroads. 

(a) Chapter 193, Q. L. of 1887, made the necessary provision for giving effect to this section. 

• Adopted Nov. 3, 1914, 



CONSTITUTION OF THE STATE OF MINNESOTA. 43 

State debt limited — how contracted. Sec. 5. For the purpose of de- 
fraying extraordinary expenditures, the State may contract public debts 
but such debts shall never, in the aggregate, exceed $250,000; every such 
debt shall be authorized by law, for some single object, to be distinctly 
specified therein; and no such law shall take effect until it shall have 
been passed by the vote of two-thirds of the members of each branch of the 
legislature, to be recorded by yeas and nays on the journals of each house 
respectively; and every such law shall levy a tax annually sufficient to pay 
the annual interest of such debt, and also a tax sufficient to pay the prin- 
cipal of such debt within ten years from the final passage of such law, and 
shall specially appropriate the proceeds of such taxes to the payment of 
such principal and interest; and such appropriation and taxes shall not 
be repealed, postponed or diminished, until the principal and interest of 
such debt shall have been wholly paid. The State shall never contract any 
debts for works of internal improvements, or be a party in carrying on 
such works, except in cases where grants of land or other property shall 
have been made to the State, especially dedicated by the grant to specific 
purposes, and in such case the State shall devote thereto the avails of such 
grants, and may pledge or appropriate the revenue derived from such 
works in aid of their completion. 

Issue of bonds for created debt. Sec. 6. All debts authorized by the 
preceding section shall be contracted by loan on State bonds of amounts not 
less than five hundred dollars each on interest, payable within ten years 
after the final passage of the law authorizing such debt; and such bonds 
shall not be sold by the State under par. A correct registry of all such 
bonds shall be kept by the treasurer, in numerical order, so as always to 
exhibit the number and amount unpaid and to whom severally made payable. 

Limitation as to when debt may be contracted. Sec. 7. The State shall 
never contract any public debt, unless in time of war, to repel invasion 
or suppress insurrection, except in the cases and in the manner provided 
in the fifth and sixth sections of this article. 

Disposition of funds received for bonds. Sec. 8. The money arising 
from any loan made, or debt or liability contracted, shall be applied to the 
object specified in the act authorizing such debt or liability, or to the repay- 
ment of such debt or liability, and to no other purpose whatever. 

Money drawn from the State treasury. Sec. 9. No money shall ever 
be paid out of the treasury of this State except in pursuance of an appro- 
priation by law. 

Credit of the State prohibited. Sec. 10. The credit of the State shall 
never be given or loaned in aid of any individual, association or corpora- 
tion. Nor shall there by any further issue of bonds denominated "Minne- 
sota State Railroad Bonds," under what purports to be an amendment to 
section ten (10) of article nine (9) of the Constitution, adopted April 
fifteenth, eighteen hundred and fifty-eight, which is hereby expunged from 
the Constitution, saving, excepting and reserving to the State, nevertheless, 
all rights, remedies, and forfeitures accruing under said amendment. 



44 CONSTITUTION OF THE STATE OF MINNESOTA. 

Publication of receipts and expenditures by treasurer. Sec. 11. There 
shall be published by the treasurer, in at least one newspaper printed at 
the seat of government, during the first week in January in each year, and 
in the next volume of the acts of legislature, detailed statements of all 
moneys drawn from the treasury during the preceding year, for what pur- 
pose and to whom paid, and by what law authorized; and also of all 
moneys received, and by what authority and from whom. 

State school fund — investment — safe keeping — All State funds to be 
deposited in name of State. Sec. 12. Suitable laws shall be passed by the 
legislature for the safe-keeping, transfer and disbursements of the State 
and school funds; and all officers and other persons charged with the same 
or any part of the same, or the safe keeping thereof, shall be required to 
give ample security for all moneys and funds of any kind received by them; 
to make forthwith and keep an accurate entry of each sum received, and 
of each payment and transfer; and if any of said officers or other persons 
shall convert to his own use in any manner or form, or shall loan, with or 
without interest, or shall deposit in his own name, or otherwise than in the 
name of the State of Minnesota; or shall deposit in banks or with any per- 
son or persons, or exchange for other funds or property, any portion of the 
funds of the State or the school funds aforesaid, except in the manner 
prescribed by law, every such act shall be and constitute an embezzlement 
of so much of the aforesaid State and school funds, or either of the same, 
as shall thus be taken, or loaned, or deposited or exchanged, and shall be a 
felony; and any failure to pay over, produce or account for the State school 
funds, or any part of the same entrusted to such officer or persons as by 
law required on demand, shall be held and be taken to be prima facie evi- 
dence of such embezzlement. 

General banking law — provisions and restrictions. Sec. 13. The legis- 
lature may, by a two-thirds vote, pass a general banking law, with the 
following restrictions and requirements, viz.: 

First — The legislature shall have no power to pass any law sanctioning 
in any manner, directly, or indirectly, the suspension of specie payments by 
any person, association or corporation issuing bank notes of any description. 

Second — The legislature shall provide by law for the registry of all 
bills or notes issued or put in circulation as money, and shall require ample 
security in United States stock or State stocks for the redemption of the 
same in specie; and in case of a depreciation of said stocks, or any part 
thereof, to the amount of ten per cent or more on the dollar, the bank or 
banks owning said stocks shall be required to make up said deficiency by 
additional stocks. 

Third — The stockholders in any corporation and joint association for 
banking purposes, issuing bank notes, shall be individually liable in an 
amount equal to double the amount of stock owned by them for all the debts 
of such corporation or association; and such individual liability shall con- 
tinue for one year after any transfer or sale of stock by any stockholder 
or stockholders. 



CONSTITUTION OF THE STATE OF MINNESOTA. 45 

Fourth — In case of the insolvency of any bank or banking association, 
the bill holders thereof shall be entitled to preference in payment over all 
other creditors of such bank or association. 

Fifth — Any general banking law which may be passed in accordance 
with this article shall provide for recording the names of all stockholders 
in such corporation, the amount of stock held by each, the time of transfer, 
and to whom transferred. 

Special provision for a loan for hospital building for insane. Sec. 14. For 
the purpose of erecting and completing buildings for a hospital for the 
insane, a deaf, dumb and blind asylum, the state prison, the legislature 
may by law increase the public debt of the State to an amount not exceed- 
ing $250,000, in addition to the public debt already heretofore authorized by 
the Constitution; and for that purpose may provide by law for issuing and 
negotiating the bonds of the State, and appropriate the money only for the 
purpose aforesaid; which bonds shall be payable in not less than ten nor 
more than thirty years from the date of the same, at the option of the 
State. 

Superseded by section 15 but not repealed in express terms. Sec. 14. 
The legislature shall not authorize any county, township, city, or other 
municipal corporation to issue bonds or to become indebted in any manner 
to aid in the construction or equipment of any or all railroads to any 
amount that shall exceed ten per centum of the value of the taxable property 
within such county, township, city, or other municipal corporation; the 
amount of such taxable property to be ascertained and determined by the 
last assessment of said property made for the purpose of state and county 
taxation previous to the incurring of such indebtedness, Nov. 5, 1872. 

County, city or township aid to railroads limited. Sec. 15. The legis- 
lature shall not authorize any county, township, city, or other municipal cor- 
poration to issue bonds, or to become indebted in any manner, to aid in the 
construction or equipment of any or all railroads to any amount that shall 
exceed five (5) per centum of the value of the taxable property within such 
county, township, city, or other municipal corporation. The amount of such 
taxable property to be ascertained and determined by the last assessment of 
said property made, for the purpose of state and county taxation, previous 
to the incurring of such indebtedness. 

State Road and Bridge Fund. Sec. 16. For the purpose of lending aid 
in the construction and improvement of public highways and bridges, there 
is hereby created a fund, to be known as the "state road and bridge fund," 
said fund shall include all moneys accruing from the income derived from 
investments in the internal improvement land fund, or that may hereafter 
accrue to said fund, and shall also include all funds accruing to any state 
road and bridge fund however provided. 

The legislature is authorized to add to such fund, for the purpose of 
constructing or improving roads and bridges of this state, by providing, in 



46 CONSTITUTION OF THE STATE OF MINNESOTA. 

its discretion, for an annual tax levy upon the property of this state of not 
to exceed in any year one mill on all the taxable property within the state. 
Provided, that no county shall receive in any year more than three (3) per 
cent, or less than one-half (V 2 ) of one (1) per cent of the total fund thus 
provided and expended during such year.** 

ARTICLE X. 

OF CORPORATIONS HAVING NO BANKING PRIVILEGES. 

Corporations for general purposes. Section 1. The term "Corporation," 
as used in this article, shall be construed to include all associations and 
joint stock companies having any of the powers and privileges not possessed 
by individuals or partnerships, except such as embrace banking privileges, 
and all corporations shall have the right to sue, and shall be liable to be 
sued in all courts, in like manner as natural persons. 

Not to be created by special act. Sec. 2. No corporations shall be 
formed under special acts, except for municipal purposes. 

Liability of Stockholders. Sec. 3. Each stockholder in any corporation 
excepting those organized for the purpose of carrying on any kind of 
manufacturing or mechanical business shall be liable to the amount of stock 
held or owned by him. 

Lands may be taken for public use. Sec. 4. Lands may be taken for 
public way, for the purpose of granting to any corporation the franchise of 
way for public use. In all cases, however, a fair and equitable compensa- 
tion shall be paid for such land, and the damages arising from the taking 
of the same; but all corporations being common carriers enjoying the right 
of way in pursuance of the provisions of this section, shall be bound to 
carry the mineral, agricultural and other productions of manufacturers on 
equal and reasonable terms. 

ARTICLE XI. 

COUNTIES AND TOWNSHIPS. 

County organization. Section 1. The legislature may from time to 
time establish and organize new counties; but no new county shall contain 
less than four hundred square miles; nor shall any county be reduced be- 
low that amount; and all laws changing county lines in counties already 
organized, or for removing county seats, shall, before taking effect, be sub- 
mitted to the electors of the county or counties to be affected thereby, at 
the next general election after the passage thereof, and be adopted by a 
majority of such electors. Counties now established may be enlarged, but 
not reduced below four hundred (400) square miles. 



Adopted Nov. 5, 1912. 



CONSTITUTION OF THE STATE OF MINNESOTA. 47 

Cities of 20,000 population may be organized into separate counties. 
Sec. 2. The legislature may organize any city into a separate county, when 
it has attained a population of 20,000 inhabitants, without reference to 
geographical extent, when a majority of the electors of the county in which 
such city may be situated, voting thereon, shall be in favor of a separate 
organization. 

Township organization. Sec. 3. Laws may be passed providing for the 
organization for municipal and other town purposes, of any congressional or 
fractional townships in the several counties in the State, provided that when 
a township is divided by county lines or does not contain one hundred 
inhabitants, it may be attached to one or more adjoining townships or parts 
of townships for the purposes aforesaid. 

Election of county and town officers. Sec. 4. Provisions shall be made 
by law for the election of such county or township officers as may be neces- 
sary. 

Local taxation may be authorized. Sec. 5. Any county and township 
organization shall have such powers of local taxation as may be prescribed 
by law. 

Money drawn from county or town treasuries. Sec. 6. No money 
shall be drawn from any county or township treasury except by authority of 
law. 

County of Manomin abolished. Sec. 7. That the county of Manomin 
is hereby abolished, and that the territory heretofore comprising the same 
shall constitute and be a part of the county of Anoka. 

ARTICLE XII. 

OF THE MILITIA. 

Militia organization. Section 1. It shall be the duty of the legislature 
to pass such laws for the organization, discipline and service of the militia 
of the State as may be deemed necessary. 

ARTICLE XIII. 

IMPEACHMENT AND REMOVAL FROM OFFICE. 

Impeachment and removal from office. Section 1. The governor, sec- 
retary of state, treasurer, auditor, attorney general, and the judges of the 
supreme and district courts, may be impeached for corrupt conduct in 
office, or for crimes and misdemeanors; but judgment in such case shall not 
extend further than to removal from office and disqualification to hold and 
enjoy any office of honor, trust or profit in this State. The party convicted 
thereof shall nevertheless be liable and subject to indictment, trial, judgment 
and punishment, according to law. 



48 CONSTITUTION OF THE STATE OF MINNESOTA. 

Sec. 2. The legislature of this State may provide for the removal of 
inferior officers from office, for malfeasance or nonfeasance in the perform- 
ance of their duties. 

Sec. 3. No officer shall exercise the duties of his office after he shall 
have been impeached and before his acquittal. 

Sec. 4. On the trial of an impeachment against the governor, the 
lieutenant governor shall not act as a member of the court. 

Sec. 5. No person shall be tried on impeachment before he shall have 
been served with a copy thereof at least twenty days previous to the day 
set for trial. 

ARTICLE XIV. 

AMENDMENTS TO THE CONSTITUTION. 

Amendments to constitution — majority vote of electors voting makes 
amendment valid. Section 1. Whenever a majority of both houses of the 
legislature shall deem it necessary to alter or amend this Constitution, they 
may propose such alterations or amendments, which proposed amendments 
shall be published with the laws which have been passed at the same session, 
and said amendments shall be submitted to the people for their approval or 
rejection at any general election, and if it shall appear, in a manner to be 
provided by law, that a majority of all the electors voting at said election 
shall have voted for and ratified such alterations or amendments, the same 
shall be valid to all intents and purposes as a part of this Constitution. If 
two or more alterations or amendments shall be submitted at the same time, 
it shall be so regulated that the voters shall vote for or against each 
separately. 

Revision of constitution. Sec. 2. Whenever two-thirds of the members 
elected to each branch of the legislature shall think it necessary to call a 
convention to revise this Constitution, they shall recommend to the electors 
to vote at the next general election for members of the legislature, for or 
against a convention; and if a majority of all the electors voting at said 
election shall .have voted for a convention, the legislature shall, at their 
next session, provide by law for calling the same. The convention shall 
consist of as many members as the House of Representatives, who shall be 
chosen in the same manner, and shall meet within three months after their 
election for the purpose aforesaid. 

ARTICLE XV. 

MISCELLANEOUS SUBJECTS. 

Seat of government. Section 1. The seat of government of the 
State shall be at the city of St. Paul, but the legislature, at their first or 
any future session, may provide by law for a change of the seat of govern- 
ment by a vote of the people, or may locate the same upon the land granted 
by Congress for a seat of government to the State; and in the event of the 
seat of government being removed from the city of St. Paul to any other 



CONSTITUTION OF THE STATE OF MINNESOTA. 49 

place in the State, the capitol building and grounds shall be dedicated to an 
institution for the promotion of science, literature and the arts, to be organ- 
ized by the legislature of the State, and of which institution the Minnesota 
Historical Society shall always be a department. 

Residents on Indian lands. Sec. 2. Persons residing on Indian lands 
within the State shall enjoy all the rights and privileges of citizens, as 
though they lived in any other portion of the State, and shall be subject 
to taxation. 

Uniform oath at elections. Sec. 3. The legislature shall provide for a 
uniform oath or affirmation to be administered at elections, and no person 
shall be compelled to take any other or different form of oath to entitle him 
to vote. 

State seal. Sec. 4. There shall be a seal of the State, which shall be 
kept by the secretary of state, and be used by him officially, and shall be 
called the great seal of the State of Minnesota, and shall be attached to 
all the official acts of the governor (his signature to acts and resolves of the 
legislature excepted) requiring authentication. The legislature shall pro- 
vide for an appropriate device and motto for said seal. 

State prison location. Sec. 5. The territorial prison, as located under 
existing laws, shall, after the adoption of this Constitution, be and remain 
one of the state prisons of the State of Minnesota. 

SCHEDULE. 

Territorial laws valid in change to State organization. Section 1. That 
no inconvenience may arise by reason of a change from a territorial to a 
permanent state government, it is declared that all rights, actions, 
prosecutions, judgments, claims and contracts, as well of individuals as of 
bodies corporate, shall continue as if no change had taken place; and all 
process which may be issued under the authority of the Territory of Minne- 
sota previous to its admission into the Union of the United States shall be 
as valid as if issued in the name of the State. 

Territorial laws not repugnant to constitution to be in force. Sec. 2. 
All laws now in force in the Territory of Minnesota not repugnant to this 
Constitution shall remain in force until they expire by their own limitation, 
or be altered or repealed by the legislature. 

Sec. 3. All fines, penalties or forfeitures accruing to the Territory of 
Minnesota shall inure to the State. 

Civil rights under territorial government secured in the change to State 
government. Sec. 4. All recognizances heretofore taken, or which may be 
taken before the change from a territorial to a permanent state government 
shall remain valid, and shall pass to and may be prosecuted in the name of 
the State ; and all bonds executed to the governor of the Territory, or to any 
other officer or court in his or their official capacity, shall pass to the 
governor or state authority and their successors in office, for the uses there- 
in respectively expressed, and may be sued for and recovered accordingly; 



50 CONSTITUTION OF THE STATE OF MINNESOTA. 

and all the estate of property, real, personal or mixed, and all judgments, 
bonds, specialties, choses in action, and claims and debts, of whatsoever 
description, of the Territory of Minnesota, shall inure to and vest in the 
State of Minnesota, and may be sued for and recovered in the same manner 
and to the same extent by the State of Minnesota as the same could have 
been by the Territory of Minnesota. All criminal prosecutions and penal 
actions which may have arisen, or which may arise before the change from 
a territorial to a state government, and which shall then be pending, shall 
be prosecuted to judgment and execution in the name of the State. All 
offenses committed against the laws of the Territory of Minnesota, before 
the change from a territorial to a state government, and which shall not be 
prosecuted before such change, may be prosecuted in the name and by the 
authority of the State of Minnesota with like effect as though such change 
had not taken place, and all penalties incurred shall remain the same as if 
this Constitution had not been adopted. All actions at law and suits in 
equity which may be pending in any of the courts of the Territory of 
Minnesota, at the time of a change from a territorial to a state govern- 
ment, may be continued and transferred to any court of the State which 
shall have jurisdiction of the subject matter thereof. 

Territorial officers continued until superseded. Sec. 5. All territorial 
officers, civil or military, now holding their offices under the authority of the 
United States, or of the Territory of Minnesota shall continue to hold and 
exercise their respective offices until they shall be superseded by the author- 
ity of the State. 

First session of State legislature. Sec. 6. The first session of the leg- 
islature of the State of Minnesota shall commence on the first Wednesday 
of December next, and shall be held at the capitol, in the city of St. Paul. 

Sec. 7. The laws regulating the election and qualification of all district, 
county and precinct officers shall continue and be in force until the legis- 
lature shall otherwise provide by law. 

Constitution submitted to a vote of the people. Sec. 8. The president 
of this convention shall, immediately after the adjournment thereof, cause 
this Constitution to be deposited in the office of the governor of the Terri- 
tory; and if, after the submission of the same to a vote of the people, as 
hereinafter provided, it shall appear that it has been adopted by a vote of 
the people of the State, then the governor shall forward a certified copy of 
the same, together with an abstract of the votes polled for and against the 
said Constitution, to the president of the United States, to be by him laid 
before the Congress of the United States. 

Representation to congress. Sec. 9. For the purposes of the first elec- 
tion, the State shall constitute one district, and shall elect three members 
to the House of Representatives of the United States. 

First apportionment into legislative districts. Sec. 10. For the pur- 
poses of the first election for members of the State Senate and House of 
Representatives, the State shall be divided into senatorial and representa- 
tive districts, as follows, viz: First district, Washington county; Second 



CONSTITUTION OF THE STATE OF MINNESOTA. 



51 



district, Ramsey county; Third district, Dakota county; Fourth district, so 
much of Hennepin county as lies west of the Mississippi; Fifth district, Rice 
county; Sixth district, Goodhue county; Seventh district, Scott county; 
Eighth district, Olmsted county; Ninth district, Fillmore county; Tenth 
district, Houston county; Eleventh district, Winona county; Twelfth dis- 
trict, Wabasha county; Thirteenth district, Mower and Dodge counties; 
Fourteenth district, Freeborn and Faribault counties; Fifteenth district, 
Steele and Waseca counties; Sixteenth district, Blue Earth and Le Sueur 
counties; Seventeenth district, Nicollet and Brown counties; Eighteenth dis- 
trict, Sibley, Renville and McLeod counties; Nineteenth district, Carver and 
Wright counties; Twentieth district, Benton, Stearns and Meeker counties; 
Twenty-first district, Morrison, Crow Wing and Mille Lacs counties; Twen- 
ty-second district, Cass, Pembina and Todd counties; Twenty-third district, 
so much of Hennepin county as lies east of the Mississippi; Twenty-fourth 
district, Sherburne, Anoka and Manomin counties; Twenty-fifth district, 
Chisago, Pine and Isanti counties; Twenty-sixth district, Buchanan, 
Carlton, St. Louis, Lake and Itasca counties. 

Sec. 11. The counties of Brown, Stearns, Todd, Cass, Pembina and 
Renville, as applied in the preceding section, shall not be deemed to include 
any territory west of the State line, but shall be deemed to include all coun- 
ties and parts of counties east of said line as were created out of the terri- 
tory of either, at the last session of the legislature. 

Apportionment of members. Sec. 12. The senators and representa- 
tives at the first election shall be apportioned among the several senatorial 
and representative districts as follows, to-wit: 

1st district 2 Senators 3 Representatives. 



2d 


3 


« 


6 


3d 


' 2 


a 


5 


4th 


2 


(( 


4 


5th 


2 


" 


3 


6th 


1 


a 


4 


7th 


1 


a 


3 


8th 


2 


" 


4 


9th 


2 


a 


6 


10th 


2 


a 


3 


11th 


2 


a 


4 


12th 


1 


n 


3 


13th 


2 


a 


3 


14th 


1 


a 


3 


15th 


1 


(i 


4 


16th 


. ... 1 


" 


3 


17th 


1 


a 


3 


18th 


1 


(( 


3 


19th 


1 


" 


3 


20th 


1 


" 


3 


21st 


1 


" 


1 


22nd ' 


1 


" 


1 


23rd ' 


1 


it 


2 


24th 


1 


a 


1 


25th 


1 1 




1 


26th 


1 


a 


1 



37 



80 



52 CONSTITUTION OF THE STATE OF MINNESOTA. 

Sec. 13. The returns from the Twenty-second district shall be made to 
and canvassed by the judges of election at the precinct of Otter Tail City. 

Judicial districts. Sec. 14. Until the legislature shall otherwise pro- 
vide, the State shall be divided into judicial districts as follows, viz. 

The counties of Washington, Chisago, Manomin, Anoka, Isanti, Pine, 
Buchanan, Carlton, St. Louis and Lake shall constitute the First judicial 
district. 

The county of Ramsey shall constitute the Second judicial district. 

The counties of Houston, Winona, Fillmore, Olmsted and Wabasha shall 
constitute the Third judicial district. 

The counties of Hennepin, Carver, Wright, Meeker, Sherburne, Benton, 
Stearns, Morrison, Crow Wing, Mille Lacs, Itasca, Pembina, Todd and Cass 
shall constitute the Fourth judicial district. 

The counties of Dakota, Goodhue, Scott, Rice, Steele, Waseca, Dodge, 
Mower and Freeborn shall constitute the Fifth judicial district. 

The counties of Le Sueur, Sibley, Nicollet, Blue Earth, Faribault, Mc- 
Leod, Renville, Brown, and all other counties in the State not included 
within the other districts, shall constitute the Sixth judicial district. 

Sec. 15. Each of the foregoing enumerated judicial districts may, at 
the first election, elect one prosecuting attorney for the district. 

First State election. Sec. 16. Upon the second Tuesday, the thirteenth 
day of October, 1857, an election shall be held for members of the House 
of Representatives of the United States, governor, lieutenant governor, 
supreme and district judges, members of the legislature, and all other 
officers designated in this Constitution, and also for the submission of this 
Constitution to the people, for their adoption or rejection. 

Voters at the first election. Sec. 17. Upon the day so designated as 
aforesaid every free white male inhabitant over the age of twenty-one years, 
who shall have resided within the limits of the 'State for ten days previous 
to the day of said election, may vote for all officers to be elected under this 
Constitution at such election, and also for or against the adoption of this 
Constitution. 

Vote on the constitution. Sec. 18. In voting for or against the adop- 
tion of this Constitution, the words, "For Constitution," or "Against Consti- 
tution," may be written or printed on the ticket of each voter, but no voter 
shall vote for or against this Constitution, on a separate ballot from that 
cast by him for officers to be elected at said election under this Constitution; 
and if upon the canvass of the vote so polled it shall appear that there was 
a greater number of votes polled for than against said Constitution, then 
this Constitution shall be deemed to be adopted as the Constitution of the 
State of Minnesota, and all the provisions and obligations of this Constitu- 
tion, and of the schedule thereunto attached, shall thereafter be valid to all 
intents and purposes as the Constitution of said State. 

Election — how conducted. Sec. 19. At said election the polls shall be 
opened, the election held, returns made, and certificates issued, in all re- 
spects as provided by law for opening, closing and conducting elections and 



CONSTITUTION OF THE STATE OF MINNESOTA. 53 

making returns of the same, except as hereinbefore specified, and excepting 
also that polls may be opened and elections held at any point or points in 
any of the counties where precincts may be established as provided by law, 
ten days previous to the day of election, not less than ten miles from the 
place of voting in any established precinct. 

Returns of election. Sec. 20. It shall be the duty of the judges and 
clerks of election, in addition to the returns required by law for each pre- 
cinct, to forward to the secretary of the Territory, by mail, immediately 
after the close of the election, a certified copy of the poll book containing 
the name of each person who has voted in the precinct and the number of 
votes polled for and against the adoption of this Constitution. 

Canvassing returns. Sec. 21. The returns of said election for and 
against this Constitution, and for all state officers and members of the 
House of Representatives of the United States, shall be made, and certifi- 
cates issued in the manner now prescribed by law for returning votes given 
for delegates to Congress; and the returns for all district officers, judicial, 
legislative or otherwise, shall be made to the register of deeds of the senior 
county in each district, in the manner prescribed by law, except as other- 
wise provided. The returns for all officers elected at large shall be can- 
vassed by the governor of the Territory, assisted by Joseph R. Brown and 
Thomas J. Galbraith, at the time designated by law for canvassing the vote 
for delegates to Congress. 

Sec. 22. If, upon canvassing the votes for and against the adoption of 
this Constitution, it shall appear that there has been polled a greater num- 
ber of votes against than for it, then no certificate of election shall be issued 
for any State or district officer provided for in this Constitution, and no 
State organization shall have validity within the limits of the Territory, 
until otherwise provided for and until a Constitution for a State government 
shall have been adopted by the people. 



ACT OF ADMISSION INTO THE UNION. 



An Act for the admission of Minnesota into the Union. 
[Passed May 11, 1858.] 



Whereas, An act of Congress was passed February twenty-sixth, 
eighteen hundred and fifty-seven, entitled "An act to authorize the people 
of the Territory of Minnesota to form a constitution and state government 
preparatory to their admission into the Union on an equal footing with the 
original states;" and, whereas, the people of said Territory did, on the 
twenty-ninth day of August, eighteen hundred and fifty-seven, by delegates 
elected for that purpose, form for themselves a constitution and state gov- 
ernment, which is republican in form, and was ratified and adopted by the 
people at an election held on the thirteenth day of October, eighteen hundred 
and fifty-seven, for that purpose; therefore, 

Be it enacted by the Senate and House of Representatives of the United 
States of America, in Congress assembled, That the State of Minnesota 
shall be one, and is hereby declared to be one, of the United States of Amer- 
ica, and admitted into the Union on an equal footing with the original states 
in all respects whatever. 

Sec. 2. And be it further enacted, That said State shall be entitled to 
two representatives in Congress, until the next apportionment of representa- 
tives among the several states. 

Sec. 3. And be it further enacted, That from and after the admission 
of the State of Minnesota, as hereinbefore provided, all the laws of the 
United States which are not locally inapplicable shall have the same force 
and effect within that State as in other States of the Union; and the said 
State is hereby constituted a judicial district of the United States, within 
which a district court, with like powers and jurisdiction as the district court 
of the United States for the district of Iowa, shall be established; the 
judge, attorney and marshal of the United States of the said district of 
Minnesota shall reside within the same, and shall be entitled to the same 
compensation as the judge, attorney and marshal of the district of Iowa; 
and in all cases of appeal or writ of error heretofore prosecuted and now 
pending in the supreme court of the United States, upon any record from 
the supreme court of Minnesota Territory, the mandate of execution or 
order of further proceedings shall be directed by the supreme court of the 
United States to the district court of the United States for the district of 
Minnesota, or to the supreme court of the State of Minnesota, as the nature 
of such appeal or writ of error may require; and each of those courts shall 
be the successor of the supreme court of Minnesota Territory, as to all such 
cases, with full power to hear and determine the same, and to ward mesne 
or final process therein. 

(55") 



LIBRARY OF CONGRESS 



021 051 288 3 








